ACIT, New Delhi vs. M/S. Nagar Dairy Pvt. Ltd., New Delhi
In the result, C.O. Nos. 24 & 25/Del/2016 filed by the assessee are allowed, accordingly the Assessment Orders dated 28
ITA 5470/DEL/2015[2006-07]Status: DisposedITAT Delhi22 Nov 2022AY 2006-07
Bench: Dr. B. R. R. Kumar & Sh. Yogesh Kumar U.S.
For Respondent: “On the facts and in the circumstances of the case
Section 153CSection 271(1)(c)Section 40A(3)
…ng a flat gross profit rate, no disallowance possible invoking 40A(3). Thus when books of account of the appellant have been rejected and GP rate is applied, no addition under section 40A(3) of the Act could be survived. - CIT vs. Banwari Lal Banhidhar (1998) 229 ITR 232 (HC - All.). 23. Thus, the ld. CIT(A) has cogently brought on record about the fact of genuineness of the payment and applicability of Rule 6DD along with the relevant case laws. Under the above mentioned facts and circumstances, the CIT(A) at page no. 237 held that action of AO u/s 40A(3) is not upheld. Since, C.O. Nos. 24 & 25/Del/2016 Nagar D…