CIT v. CPL Tannery

318 ITR 179High Court2009#1763 most cited

What is CIT v. CPL Tannery authority for?

Disallowance under Section 40A(3) of the Income-tax Act, 1961, is not justified for cash payments if they are genuine, made out of business expediency, and the assessee's bona fides are not disputed, even after the 2009 amendments to the section.

64

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2015 to 2024.

Also referred to as

CIT v. CPL Tannery · Section 40A(3) · cash payment disallowance · business expediency · genuine transactions · bona fide payments · 318 ITR 179 · Calcutta High Court · amended provisions · exigency of business

Judgments citing CIT v. CPL Tannery

SHREE RAM CARGO PRIVATE LIMITED,PUNE vs. INCOME TAX OFFICER, WARD 6(5), PUNE, PMT BUILDING, SHANKAR SHET ROAD, PUNE

In the result, the appeal filed by the assessee is allowed

ITA 1568/PUN/2024[2015-16]Status: DisposedITAT Pune16 Dec 2024AY 2015-16

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1568/Pun/2024 "नधा"रण वष" / Assessment Year : 2015-16 Shree Ram Cargo Private Limited, Vs. Ito, Ward-6(5), 3-A & B, Archies Court, Pune Shankar Shet Road, Pune 411 037 Maharashtra Pan : Aalcs3844A Appellant Respondent

For Appellant: Shri Nikhil MuthaFor Respondent: Shri Ajay Kumar Keshari
Section 143(2)Section 143(3)Section 250Section 40Section 40ASection 40A(3)

…been dispensed with in the amended provisions of section 40A(3) of the Act w.e.f. 1.4.09. 9 Shree Ram Cargo Private Limited 4.6.2. We draw support from the following case laws in support of the aforesaid contentions :- CIT vs CPL Tannery reported in (2009) 318 ITR 179 (Cal) The second contention of the assessee that owing to business expediency, obligation and exigency, the assessee had to make cash payment for purchase of goods so essential for carrying on of his business, was also not disputed by the AO. The genuinity of transactions, rate of gross profit or the fact that the bonafide of the assessee that p…

JYOTI PRAKASH DAS,GUWAHATI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3, GUWAHATI

In the result, the appeal of the assessee is allowed

ITA 102/GTY/2020[2017-18]Status: DisposedITAT Guwahati31 Aug 2023AY 2017-18

Bench: Shri Rajesh Kumar, Hon’Ble & Shri Sonjoy Sarma, Hon’Bleassessment Year: 2017-18 Jyoti Prakash Das Dcit, Circle-3, Guwahati Kumud Enclave, Nawaram Vs. Kakati Path, Rehabari, Guwahati-781008. Pan: Ajipd 5193 Q (Appellant) (Respondent) Present For: Appellant By : Shri Ramesh Goenka, Advocate Respondent By : Shri Arun Bhowmick, Jcit Date Of Hearing : 31.08.2023 Date Of Pronouncement : 31.08.2023 O R D E R Per Sonjoy Sarma, Jm: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 07.02.2020 Of Ld. Cit(A), Guwahati-2 Passed U/S 250 Of The Income Tax Act [Hereinafter Referred To As The ‘Act’]. The Assessee Has Raised The Following Grounds Of Appeal: “1(A). That Neither The Learned Assessing Officer Was Justified In Making Disallowance Of Rs. 1,43,73,603/- On Account Of Proportionate Direct Expenses & Adding The Same In The Closing Stock Of The Appellant Nor The Learned Cit(A) Was Justified In Confirming The Aforesaid Disallowance/Addition.

For Appellant: Shri Ramesh Goenka, AdvocateFor Respondent: Shri Arun Bhowmick, JCIT
Section 143(2)Section 250Section 40A(3)Section 69C

…IN THE INCOME TAX APPELLATE TRIBUNAL, GUWAHATI BENCH, GUWAHATI VIRTUAL HEARING AT KOLKATA BEFORE SHRI RAJESH KUMAR, HON’BLE ACCOUNTANT MEMBER AND SHRI SONJOY SARMA, HON’BLE JUDICIAL MEMBER Assessment Year: 2017-18 Jyoti Prakash Das DCIT, Circle-3, Guwahati Kumud Enclave, Nawaram Vs. Kakati Path, Rehabari, Guwahati-781008. PAN: AJIPD 5193 Q (Appellant) (Respondent) Present for: Appellant by : Shri Ramesh Goenka, Advocate Respondent by : Shri Arun Bhowmick, JCIT Date of Hearing : 31.08.2023 Date of Pronouncement : 31.08.2023 O R D E R PER SONJOY SARMA, JM: The present appeal has been preferred by the assessee a…

BANDEL THERMAL POWER EMPLOYEES CO-OPERATIVE STORES LTD.,HOOGHLY vs. A.C.I.T., CIRCLE - 23(1), HOOGHLY, HOOGHLY

In the result, the appeal filed by the assessee is partly allowed

ITA 717/KOL/2022[2014-2015]Status: DisposedITAT Kolkata28 Mar 2023AY 2014-2015

Bench: Sri Sanjay Garg & Dr. Manish Borad

Section 143(3)Section 250Section 36Section 40A(3)

…/2011 order dated 18.11.2015, Attar Singh Gurmukh Singh vs. ITO reported in (1991) 191 ITR 667 (SC), CIT vs. CPL Page 3 of 5 I.T.A. No.: 717/KOL/2022 Assessment Year: 2014-2015 Bandel Thermal Power Employees Cooperative Stores Ltd. Tannery reported in (2009) 318 ITR 179 (Cal) and considering the facts that the alleged sum has been paid towards business expediency obligation and the transactions are genuine, set aside the finding of ld. CIT(A), direct the ld. AO to delete the disallowance of Rs. 2,58,498/- made u/s 40A(3) of the Act. Our this decision should not be taken as a precedence for other cases of disallo…

ACIT, CIR. 29, KOLKATA vs. SRI PRADIP MULLICK, KOLKATA

In the result, the appeal of the revenue is allowed in part

ITA 621/KOL/2020[2012-13]Status: DisposedITAT Kolkata07 Sept 2022AY 2012-13

Bench: Shri Rajpl Yadav & Shri Girish Agrawal(सम" "ी राजपाल यादव उपा"" एवं "ी िगरीश अ"वाल लेखा सद" Assessment Year: 2012-13 Assistant Commissioner Of Shri Pradip Mullick Income-Tax, Circle-29, 106/11, Hazra Road, Vs. Kolkata. Bhowanipur, Kolkata-700 026. (Pan: Afcpm4492B) (Appellant) (Respondent) Present For: Appellant By : Smt. Ranu Biswas, Addl. Cit, Dr Respondent By : Shri Soumitra Choudhury, Advocate Date Of Hearing : 18.08.2022 Date Of Pronouncement : 07.09.2022 O R D E R Per Girish Agrawal: This Appeal By The Revenue Is Directed Against The Order Of Ld. Cit(A)-8, Kolkata Vide

For Appellant: Smt. Ranu Biswas, Addl. CIT, DRFor Respondent: Shri Soumitra Choudhury, Advocate
Section 143(3)Section 40A(3)

…IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH KOLKATA आयकर अपीलीय अधीकरण, "यायपीठ – “C” कोलकाता, BEFORE SHRI RAJPL YADAV, VICE PRESIDENT AND SHRI GIRISH AGRAWAL, ACCOUNTANT MEMBER (सम" "ी राजपाल यादव उपा"" एवं "ी िगरीश अ"वाल लेखा सद" Assessment Year: 2012-13 Assistant Commissioner of Shri Pradip Mullick Income-tax, Circle-29, 106/11, Hazra Road, Vs. Kolkata. Bhowanipur, Kolkata-700 026. (PAN: AFCPM4492B) (Appellant) (Respondent) Present for: Appellant by : Smt. Ranu Biswas, Addl. CIT, DR Respondent by : Shri Soumitra Choudhury, Advocate Date of Hearing : 18.08.2022 Date of Pronouncement : 07.09.2022 O R D E R…

MANOJ MISHRA,VARANASI vs. ITO, WARD - 3(3),, CHANDAULI

In the result, the appeal of the assessee is dismissed

ITA 55/VNS/2018[2013-2014]Status: DisposedITAT Varanasi21 Apr 2022AY 2013-2014

Bench: Shri.Vijay Pal Raoassessment Year: 2013-14 Manoj Mishra, V. Income Tax Officer, Sultanpur, Ramnagar, Varanasi, U.P. Ward-3(3), Chandauli Pan-Awipm2469F (Appellant) (Respondent) Appellant By: Sh. Prasant Pandey, Adv Respondent By: Sh. A.K. Singh, Sr. Dr Date Of Hearing: 21.03.2022 Date Of Pronouncement: 21.03.2022

For Appellant: Sh. Prasant Pandey, AdvFor Respondent: Sh. A.K. Singh, Sr. DR
Section 143(2)Section 143(3)Section 40A(3)

…ccepted therefore, the disallowance made under the provisions of section 40A(3) is not justified when the purchases are not doubted. In support of his contention, he has relied upon the decision of Hon'ble Calcutta High Court in the case of CIT vs CPL Tannery 318 ITR 179 and submitted that owing to the business expediency, obligation and exigency, the assessee had to make cash payment for purchase of goods so essential for carrying on the business the same falls under the exception as provided under Rule 6DD. The learned AR has also relied upon the decision of Hon'ble Supreme Court in the case of Attar Singh Gurm…

ITO, WD-26(1), KOLKATA vs. RANJAN DEBNATH, KOLKATA

In the result, the appeal of revenue is allowed for statistical purpose

ITA 980/KOL/2019[2015-16]Status: DisposedITAT Kolkata09 Sept 2020AY 2015-16

Bench: Shri A. T. Varkey, Jm & Dr. Arjunlalsaini, Am] Assessment Year: 2015-16

Section 40A(3)

…, wherein the Tribunal was pleased to direct the AO not to disallow payments made u/s. 40A(3) of the Act, if the same are genuine. He also relied upon the decisions of the Hon’ble Jurisdictional High Court in the case of CIT vs. CPL Tannery reported in (2009) 318 ITR 179 (Cal.) and CIT vs. Crescent Export Syndicate in ITA No. 202 of 2008 dated 30-07-2008 as well as other decisions cited therein that case. Therefore he does not want us to interfere with the order of Ld CIT(A). 8. Having heard both the parties, we note that the assessee is an individual, who is engaged in the business/trading of fish & fish food a…

SHRI GAUTAM SHARMA,JODHPUR vs. DCIT, CENTRAL CIRCLE-2, JODHPUR

In the result, the appeal of the assessee is allowed

ITA 120/JODH/2019[2012-13]Status: DisposedITAT Jodhpur04 Sept 2020AY 2012-13

Bench: : Shri Ramesh C.Sharmavk;Dj Vihy La-@Ita No. 120/Jodh/2019 Fu/Kzkj.K O"Kz@Assessment Year : 2012-13 Cuke Shri Gautam Sharma The Dcit Vs. 221-222, Shyam Nagar, Scheme, Pali Central Circle Link Road, Jodhpur Jodhpur Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Awdps 1276 K Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri Amit Kothari, Ca Jktlo Dh Vksj Ls@Revenue By: Shri Abhimanyu Yadav, Jcit-Dr Lquokbz Dh Rkjh[K@ Date Of Hearing : 29/06/2020 ?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 04/09/2020 Vkns'K@ Order Per Ramesh C. Sharma, Am This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A)-2, Udaipur Dated 12-02-2019 For The Assessment Year 2012-13, In The Matter Of Order Passed U/S 147/ R.W.S. 143(3) Of The Income Tax Act, 1961. 2.1 Due To Prevailing Covid-19 Pandemic Condition, The Hearing Of The Appeal Is Concluded Through Video Conference. The Only Grievance Of The Assessee Relates To Disallowance Of Rs.40.57 Lacs Paid Towards Purchase Of Land, By Invoking The Provisions Of Section 40A(3) Of The Act.

For Appellant: Shri Amit Kothari, CAFor Respondent: Shri Abhimanyu Yadav, JCIT-DR
Section 147Section 40A(3)

…the various clauses contained in Rule 6DD. Reliance was placed on the following decision in this regard:- a. Shree Salasar Overseas (P) Ltd. V/s DCIT (2012) 66 DTR 9 (JP) (Trib.) b.Pack India V/s ACIT (2010) 38 ITD (Jp)(Trib) 1. c.CIT V/s CPL Tannery. (2009) 318 ITR 179(Cal.). 2.10 On the other hand, the ld. DR contended that since the assessee was engaged in purchase and sale of land, the land so purchased constitutes its stock in trade for which payment is required is to be made only by account payee cheque. Since the assessee has made cash payment, therefore, the AO was justified in making ITA 120/Jodh/2019…

RANJAN DEBNATH ,KOLKATA vs. PRINCIPAL CIT - 9, KOLKATA , KOLKATA

In the result, the appeal of the assessee is allowed in part

ITA 1372/KOL/2018[2013-14]Status: DisposedITAT Kolkata19 Feb 2020AY 2013-14

Bench: Shri J. Sudhakar Reddy & Shri S.S. Godara]

Section 143(3)Section 263Section 40A(3)

…IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA ‘C’ BENCH, KOLKATA [Before Shri J. Sudhakar Reddy, Accountant Member and Shri S.S. Godara, Judicial Member] I.T.A. No. 1372/Kol/2018 Assessment Year: 2013-14 Ranjan Debnath...................................................................................................................Appellant [PAN: ADTPD 2374 A] Vs. Pr. CIT-9, Kolkata.………….....................................…......………………………………….…Respondent Appearances by: Sh. Miraj D. Shah, A/R, appeared on behalf of the Assessee. Sh. Vijay Shankar , CIT(DR), appeared on behalf of the Revenue. Date of concluding th…

J.D. WINES,GURGAON vs. ADDL. CIT, GURGAON

In the result, the appeal of the assessee is partly allowed

ITA 563/DEL/2016[2010-11]Status: DisposedITAT Delhi30 Oct 2019AY 2010-11
For Appellant: Sh. Vinod Kr. Garg, Adv. &For Respondent: Sh. Deepak Garg, Sr. DR
Section 133(6)Section 40A(3)Section 43B

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘D’, NEW DELHI Before Sh. Bhavnesh Saini, Judicial Member Dr. B. R. R. Kumar, Accountant Member ITA No. 563/Del./2016 : Asstt. Year : 2010-11 J. D. Wines, Vs Addl. Commissioner of Income C/o R.K. Soota, Advocate, Tax, Range-1, Gurgaon, H.No. 11, New Colony, Haryana Gurgaon, Haryana (APPELLANT) (RESPONDENT) PAN No. AAGFJ7067A Assessee by : Sh. Vinod Kr. Garg, Adv. & Sh. Sunil Gupta, Adv. Revenue by : Sh. Deepak Garg, Sr. DR Date of Hearing: 16.10.2019 Date of Pronouncement: 30.10.2019 ORDER Per Dr. B. R. R. Kumar, Accountant Member: The present appeal has been fi…

HARIDAS SOM,HOOGHLY vs. ITO, WARD - 22(3), KOLKATA , KOLKATA

Appeal is allowed

ITA 14/KOL/2018[2013-14]Status: DisposedITAT Kolkata13 Sept 2019AY 2013-14

Bench: Hon’Ble Shri J. Sudhakar Reddy., Am & Hon’Ble Shri S.S. Godara, Jm] I.T. A No. 14/Kol/2018 A.Y 2013-14 Haridas Som V/S. I.T.O. Ward 22(3), Kolkata Pan: Ajhps8867K (Appellant) (Respondent)

For Appellant: Shri G.Banerjee, Adovate, ld.ARFor Respondent: Shri Sankar Halder, JCIT, ld.Sr.DR
Section 143(3)Section 40A(3)

…from the provisions of section 40A(3) and rule 6DD that they are intended to regulate business transactions and to prevent the use of unaccounted money or reduce the chances to use black money for business transactions." CIT vs CPL Tannery reported in (2009) 318 ITR 179 (Cal) The second contention of the assessee that owing to business expediency, obligation and exigency, the assessee had to make cash payment for purchase of goods so essential for carrying on of his business, was also not disputed by the AO. The genuinity of transactions, rate of gross profit or the fact that the bonafide of the assessee that pa…

THE ACIT, ERNAKULAM vs. M/S.NITTA GELATINE INDIA LTD, COCHIN

In the result, the appeal of the Revenue in ITA No

ITA 301/COCH/2017[2009-10]Status: DisposedITAT Cochin29 Aug 2019AY 2009-10

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 143(3)Section 253(1)Section 32Section 40A(3)

…& 303/Coch/2017 washing, drying and crushing), and as per the provisions of sub cl.(e) (ii) of rule 6DD, payment can be made even to the producer of such article which includes produce of animal husbandry or diary or poultry farming. ii. CIT Vs. CPL Tannery (318 ITR 179) (Kol) wherein the Court concurred with the finding of the Tribunal and held; "We have given our thoughtful consideration to the arguments advanced from, both sides and also perused carefully the relevant papers. We find that the Assessing officer in his order at paragraph 3.8 states that "The assessee has also admitted that they collect raw hid…

THE ACIT, COCHIN vs. M/S.NITTA GELATINE INDIA LTD, COCHIN

In the result, the appeal of the Revenue in ITA No

ITA 303/COCH/2017[2010-11]Status: DisposedITAT Cochin23 Aug 2019AY 2010-11

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 143(3)Section 253(1)Section 32Section 40A(3)

…& 303/Coch/2017 washing, drying and crushing), and as per the provisions of sub cl.(e) (ii) of rule 6DD, payment can be made even to the producer of such article which includes produce of animal husbandry or diary or poultry farming. ii. CIT Vs. CPL Tannery (318 ITR 179) (Kol) wherein the Court concurred with the finding of the Tribunal and held; "We have given our thoughtful consideration to the arguments advanced from, both sides and also perused carefully the relevant papers. We find that the Assessing officer in his order at paragraph 3.8 states that "The assessee has also admitted that they collect raw hid…

I.T.O-4(5), AGRA vs. M/S HMA AGRO INDUSTRIES LTD., AGRA

In the result, the appeal of the revenue is dismissed

ITA 263/AGR/2016[2011-12]Status: DisposedITAT Agra19 Aug 2019AY 2011-12
Section 143(3)Section 40A(3)Section 68

…has erred in law and on facts in deleting the addition of Rs.93,44,424/- made by AO on I.T.A No. 263/Agra/2016 2 account of unverifiable purchases by relying upon the decision of Hon'ble Calcutta High court in the case of CIT Vs. CPL Tannery reported as 2009 318 ITR 179 (Cal) without appreciating the fact that the decision of Hon'ble Calcutta High Court pertains to the disallowance u/s 40A(3) of the Act. 3. That the Ld.CIT(A)-II, Agra has erred in law and on facts in deleting the addition of Rs.93,44,424/- made by AO on account of unverifiable purchases by observing that in subsequent year no such disallowance h…

LEATHER GRAPHICA,KOLKATA vs. ITO, WARD - 32(1), , KOLKATA

Appeal is partly allowed in above terms

ITA 2108/KOL/2018[2006-07]Status: DisposedITAT Kolkata22 Mar 2019AY 2006-07

Bench: Shri S.S, Godaraassessment Year:2006-07

Section 143(3)Section 40

…unting to ₹2.85 lac; coming to ₹57,000/- on account of purchases made from M/s S.R. Leathers. There is no dispute that this assessee is a dealer in tanning skin latter case revenue and latter hon'ble jurisdictional high court’s decision in CIT vs. CPL Tannery 318 ITR 179 (2008) (Cal) holds that cash payments in this line of leather business is covered under Rule DD(f)(ii) of the Income Tax Rules, 1962 as the ITA No.2108/Kol/2018 A.Y. 2006-07 Leather Graphica vs. ITO Wd-32(1), Kol. Page 2 payees/ suppliers had to be recognized as purchaser of hides/skin. I adopt the said detailed reasoning mutatis mutandis to dele…

M/S. LORD KRISHNA DWELLERS (P) LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, both the appeals of the assessee in ITA No

ITA 2403/DEL/2014[2007-08]Status: DisposedITAT Delhi17 Dec 2018AY 2007-08

Bench: Shri N.K. Billaiya & Shri Kuldip Singh[Assessment Year: 2006-07] & [Assessment Year: 2007-08]

For Appellant: Dr. Rakesh Gupta, AdvFor Respondent: Shri J. K. Mishra, CIT(A)-DR
Section 132Section 143Section 143(3)Section 153ASection 40A(3)

…1 IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI ‘D’ BENCH, NEW DELHI BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER, AND SHRI KULDIP SINGH, JUDICIAL MEMBER [Assessment Year: 2006-07] & [Assessment Year: 2007-08] Lord Krishna Dwellers (P) Ltd. Vs. DCIT 1711, S.P. Mukerjee Marg Central Circle-4 Delhi New Delhi AABCL0602M [Appellant] [Respondent] Date of Hearing : 04.12.2018 Date of Pronouncement : 17.12.2018 Assessee by : Dr. Rakesh Gupta, Adv. Shri Somil Aggarwal, Adv Revenue by : Shri J. K. Mishra, CIT(A)-DR ORDER PER N.K. BILLAIYA, AM:- The above captioned two appeals by the assessee are preferred aga…

M/S. LORD KRISHNA DWELLERS (P) LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, both the appeals of the assessee in ITA No

ITA 5294/DEL/2013[2006-07]Status: DisposedITAT Delhi17 Dec 2018AY 2006-07

Bench: Shri N.K. Billaiya & Shri Kuldip Singh[Assessment Year: 2006-07] & [Assessment Year: 2007-08]

For Appellant: Dr. Rakesh Gupta, AdvFor Respondent: Shri J. K. Mishra, CIT(A)-DR
Section 132Section 143Section 143(3)Section 153ASection 40A(3)

…1 IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI ‘D’ BENCH, NEW DELHI BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER, AND SHRI KULDIP SINGH, JUDICIAL MEMBER [Assessment Year: 2006-07] & [Assessment Year: 2007-08] Lord Krishna Dwellers (P) Ltd. Vs. DCIT 1711, S.P. Mukerjee Marg Central Circle-4 Delhi New Delhi AABCL0602M [Appellant] [Respondent] Date of Hearing : 04.12.2018 Date of Pronouncement : 17.12.2018 Assessee by : Dr. Rakesh Gupta, Adv. Shri Somil Aggarwal, Adv Revenue by : Shri J. K. Mishra, CIT(A)-DR ORDER PER N.K. BILLAIYA, AM:- The above captioned two appeals by the assessee are preferred aga…

BINOD KUMAR BURNWAL,BURDWAN vs. ITO, WARD - 1(3), DURGAPUR, DURGAPUR

In the result, appeal of the assessee is allowed in part

ITA 1864/KOL/2017[2008-09]Status: DisposedITAT Kolkata12 Dec 2018AY 2008-09

Bench: Sri J. Sudhakar Reddy & Sri Aby T. Varkey) Assessment Year: 2008-09 Binod Kumar Burnwal…………………….…….............................………………………..……….………..Appellant Prop: Anandlok Infocom Bangram, Nutandanga Gogla Dist-Burdwan – 713 383 [Pan : Aizpb 0692 A] Income Tax Officer, Ward-1(3), Kolkata......................................................……………….…..Respondent

Section 143(3)Section 234BSection 250Section 40A(3)

…ill be clear from the provisions of section 40A(3) and rule 6DD that they are intended to regulate business transactions and to prevent the use of unaccounted money or reduce the chances to use black money for business transactions." CIT v. CPL Tannery [2009] 318 ITR 179/[2008] 175 Taxman 316 (Cal.) "The second contention of the assessee that owing to business expediency, obligation and exigency, the assessee had to make cash payment for purchase of goods so essential for carrying on of his business, was also not disputed by the AO. The genuinity of transactions, rate of gross profit or the fact that the bona fid…

M/S BIRGIRI C. S. SHOP,PURULIA vs. ITO, WD-3(2), PURULIA, PURULIA

In the result, the appeal of assesse is partly allowed

ITA 972/KOL/2016[2011-2012]Status: DisposedITAT Kolkata05 Sept 2018AY 2011-2012
For Appellant: S/Shri Ravi Tulsiyan, FCA &For Respondent: Shri S. Dasgupta, Addl.CIT, ld.Sr.DR
Section 22Section 40A(3)Section 85Section 86

…from the provisions of section 40A(3) and rule 6DD that they are intended to regulate business transactions and to prevent the use of unaccounted money or reduce the chances to use black money for business transactions." CIT vs CPL Tannery reported in (2009) 318 ITR 179 (Cal) The contention of the assessee that he purchased goods from suppliers who are producers of hides and skins, has not been refuted either by the AO or by the CITA. The second contention of the assessee that owing to business expediency, obligation 4 Ms. Birgiri C.S Shop and exigency, the assessee had to make cash payment for purchase of goo…

ACIT, CIR-2, DURGAPUR, DURGAPUR vs. S. N. CONSTRUCTION, BANKURA

In the result, the appeal of the assessee is allowed in part and the appeal of the revenue is dismissed

ITA 1205/KOL/2017[2011-12]Status: DisposedITAT Kolkata04 Jul 2018AY 2011-12

Bench: Hon’Ble Shri J.Sudhakar Reddy, Am & Hon’Ble Shri S.S.Godara, Jm] I.T.A No. 1117/Kol/2017 Assessment Year : 2011-12 S.N. Construction -Vs- Acit, Circle-2, Durgapur [Pan: Abafs 9119 B] (Appellant) (Respondent) I.T.A No. 1205/Kol/2017 Assessment Year : 2011-12 Acit, Circle-2, Durgapur -Vs- S.N. Construction [Pan: Abafs 9119 B] (Appellant) (Respondent)

For Appellant: Shri Saikat Maulik, FCAFor Respondent: Gautam Kumar Mondal, Addl. CIT(DR)
Section 143(3)Section 250Section 40A(3)

…ibunal. It further appears from the assessment order that neither the Assessing Officer nor the CIT(Appeal) has disbelieved the genuineness of the transaction. There was no dispute that the purchases were genuine. “ (iii) CIT vs CPL Tannery reported in (2009) 318 ITR 179 (Cal)- "The second contention of the assessee that owing to business expediency, obligation and exigency, the assessee had to make cash payment for purchase of goods so essential for carrying on of his business, was also not disputed by the AO. The genuinity of transactions. rate of gross profit or the fact that the bona fide of the assessee that…

S. N. CONSTRUCTION,BANKURA vs. ACIT, CIR-2, DURGAPUR, DURGAPUR

In the result, the appeal of the assessee is allowed in part and the appeal of the revenue is dismissed

ITA 1117/KOL/2017[2011-12]Status: DisposedITAT Kolkata04 Jul 2018AY 2011-12

Bench: Hon’Ble Shri J.Sudhakar Reddy, Am & Hon’Ble Shri S.S.Godara, Jm] I.T.A No. 1117/Kol/2017 Assessment Year : 2011-12 S.N. Construction -Vs- Acit, Circle-2, Durgapur [Pan: Abafs 9119 B] (Appellant) (Respondent) I.T.A No. 1205/Kol/2017 Assessment Year : 2011-12 Acit, Circle-2, Durgapur -Vs- S.N. Construction [Pan: Abafs 9119 B] (Appellant) (Respondent)

For Appellant: Shri Saikat Maulik, FCAFor Respondent: Gautam Kumar Mondal, Addl. CIT(DR)
Section 143(3)Section 250Section 40A(3)

…ibunal. It further appears from the assessment order that neither the Assessing Officer nor the CIT(Appeal) has disbelieved the genuineness of the transaction. There was no dispute that the purchases were genuine. “ (iii) CIT vs CPL Tannery reported in (2009) 318 ITR 179 (Cal)- "The second contention of the assessee that owing to business expediency, obligation and exigency, the assessee had to make cash payment for purchase of goods so essential for carrying on of his business, was also not disputed by the AO. The genuinity of transactions. rate of gross profit or the fact that the bona fide of the assessee that…

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CIT v. CPL Tannery (318 ITR 179) — Cited in 64 Judgments | BharatTax