CIT v. Hynuop

290 ITR 702High Court2007#9874 most cited
11

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2018 to 2025.

Sections most often in play

Section 153ASection 40A(3)Section 143(3)Section 69ASection 132(4)Section 153B(1)(b)Section 131Section 147

Issues it is cited on

section 153aofsection 153b(1)(b)unexplained jewelleryannual valuesection 132(4a)section 40a(3)appeal before cit(a)section 40asection 40section 132(4)section 131section 153c

Judgments citing CIT v. Hynuop

C5 INFRA PRIVATE LIMITED,SECUNDERABAD vs. ACIT, CENTRAL CIRCLE-2(3), HYDERABAD

In the result, appeal filed by the assessee is allowed

ITA 332/HYD/2023[2017-18]Status: DisposedITAT Hyderabad25 Jul 2025AY 2017-18

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Manjunatha, G.आ.अपी.सं /Ita No.332/Hyd/2023 (िनधा"रण वष"/Assessment Year: 2017-18) C5 Infra (P) Ltd Vs. Acit Secunderabad Central Circle 2(3) Pan:Aafcc2138K Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri K.C. Devdas, Ca Shri C. Maheshwar Reddy, Ca राज" व "ारा/Revenue By:: Shri Narender Kumar Naik, Cit(Dr) सुनवाई की तारीख/Date Of Hearing: 02/07/2025 घोषणा की तारीख/Pronouncement: 25/07/2025 आदेश/Order Per Vijay Pal Raothis Appeal Filed By The Assessee Is Directed Against The Order Dated 10/03/2023 Of The Learned Cit (A)-12, Hyderabad, For The A.Y.2017-18. 2. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Shri K.C. Devdas, CAFor Respondent: : Shri Narender Kumar Naik
Section 132Section 139(1)Section 143(3)Section 153ASection 40A(3)

…d in the books of account of the assessee. He has relied upon the impugned order of the learned CIT (A). The learned DR has also relied upon the judgment of the Hon'ble Gujarat High Court in the case of CIT vs. Hynoup Food & Oil Industries (P) Ltd reported in 290 ITR 702 (Guj.) and submitted that once the assessee has paid the amounts in cash in contravention of section 40A(3) of the Act, then the Assessing Officer is justified in making the disallowance u/s 40A(3) of the Act. 7. We have considered the rival contentions as well as the relevant material available on record. There is no dispute that initially the…

SHRI PREM INDUSTRIES,BHARATPUR vs. INCOME TAX OFFICER WARD-1, BHARATPUR

The appeal is disposed of, and the matter is remanded to

ITA 877/JPR/2024[2018-19]Status: DisposedITAT Jaipur29 Nov 2024AY 2018-19

Bench: SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member), SHRI NARINDER KUMAR (Judicial Member)

For Appellant: Shri Rajendra Agarwal, CAFor Respondent: Shri Anup Singh, Addl. CIT
Section 144BSection 147Section 271ASection 69CSection 70

…dgment by relying upon its awn judgment rendered in the case of Hynoup Food and Oil India (P.) Ltd. v. CIT. However, the said judgment of the Tribunal was challenged in appeal before this Court and vide judgment CIT v. Hynoup food & Oil India (P.) Ltd. [2007] 290 ITR 702/[2006] 150 Taxman 194, it was held that once the business was not reflected in the regular books, payment by crossed cheque or draft would not have been practicable considering the nature of that transaction to be fallacious, when one considered the object with which the provision had been brought on the statute book. He 32 Shri Prem Industries…

GOLD AK,TENKASI vs. ITO 3(3), CHENNAI

In the result, the appeals filed by the assessee are partly- allowed for statistical purposes as indicated against each of the issues

ITA 1051/CHNY/2024[2021-22]Status: DisposedITAT Chennai06 Nov 2024AY 2021-22

Bench: Shri Mahavir Singhand Shri Jagadish

For Appellant: Shri Abhishek Murali, CAFor Respondent: Smt. R. Anita, Addl.CIT
Section 132Section 132(4)Section 143(3)Section 153ASection 40A(3)

…set not applying thereto. Maybe, in an illegal business such as smuggling, it may not be practicable to comply with the requirements of Section 40A(3). Similar view has been held by Hon'ble Gujarath High court in case of CIT Vs Hynuop food & oil India(p) Ltd 290 ITR 702. Therefore, I am of considered view that cash payments made by appellant to the extent of Rs 10,17,517/- attracts provisions of section 40A (3)warranting disallowance of entire amount. The AO is directed to disallow cash payment made during the year of Rs 10,17,517/- u/s 40A (3) of IT Act. 7.3.10 Therefore, addition made on account of Unaccounte…

GOLD AK,TENKASI vs. ITO 3(3), CHENNAI

In the result, the appeals filed by the assessee are partly- allowed for statistical purposes as indicated against each of the issues

ITA 1050/CHNY/2024[2020-21]Status: DisposedITAT Chennai06 Nov 2024AY 2020-21

Bench: Shri Mahavir Singhand Shri Jagadish

For Appellant: Shri Abhishek Murali, CAFor Respondent: Smt. R. Anita, Addl.CIT
Section 132Section 132(4)Section 143(3)Section 153ASection 40A(3)

…set not applying thereto. Maybe, in an illegal business such as smuggling, it may not be practicable to comply with the requirements of Section 40A(3). Similar view has been held by Hon'ble Gujarath High court in case of CIT Vs Hynuop food & oil India(p) Ltd 290 ITR 702. Therefore, I am of considered view that cash payments made by appellant to the extent of Rs 10,17,517/- attracts provisions of section 40A (3)warranting disallowance of entire amount. The AO is directed to disallow cash payment made during the year of Rs 10,17,517/- u/s 40A (3) of IT Act. 7.3.10 Therefore, addition made on account of Unaccounte…

GOLD AK,TENKASI vs. ITO 3(3), CHENNAI

In the result, the appeals filed by the assessee are partly- allowed for statistical purposes as indicated against each of the issues

ITA 1049/CHNY/2024[2019-20]Status: DisposedITAT Chennai06 Nov 2024AY 2019-20

Bench: Shri Mahavir Singhand Shri Jagadish

For Appellant: Shri Abhishek Murali, CAFor Respondent: Smt. R. Anita, Addl.CIT
Section 132Section 132(4)Section 143(3)Section 153ASection 40A(3)

…set not applying thereto. Maybe, in an illegal business such as smuggling, it may not be practicable to comply with the requirements of Section 40A(3). Similar view has been held by Hon'ble Gujarath High court in case of CIT Vs Hynuop food & oil India(p) Ltd 290 ITR 702. Therefore, I am of considered view that cash payments made by appellant to the extent of Rs 10,17,517/- attracts provisions of section 40A (3)warranting disallowance of entire amount. The AO is directed to disallow cash payment made during the year of Rs 10,17,517/- u/s 40A (3) of IT Act. 7.3.10 Therefore, addition made on account of Unaccounte…

GOLD AK,TENKASI vs. ITO 3(3), CHENNAI

In the result, the appeals filed by the assessee are partly- allowed for statistical purposes as indicated against each of the issues

ITA 1048/CHNY/2024[2018-19]Status: DisposedITAT Chennai06 Nov 2024AY 2018-19

Bench: Shri Mahavir Singhand Shri Jagadish

For Appellant: Shri Abhishek Murali, CAFor Respondent: Smt. R. Anita, Addl.CIT
Section 132Section 132(4)Section 143(3)Section 153ASection 40A(3)

…set not applying thereto. Maybe, in an illegal business such as smuggling, it may not be practicable to comply with the requirements of Section 40A(3). Similar view has been held by Hon'ble Gujarath High court in case of CIT Vs Hynuop food & oil India(p) Ltd 290 ITR 702. Therefore, I am of considered view that cash payments made by appellant to the extent of Rs 10,17,517/- attracts provisions of section 40A (3)warranting disallowance of entire amount. The AO is directed to disallow cash payment made during the year of Rs 10,17,517/- u/s 40A (3) of IT Act. 7.3.10 Therefore, addition made on account of Unaccounte…

GOLD AK,TENKASI vs. ITO 3(3), CHENNAI

In the result, the appeals filed by the assessee are partly- allowed for statistical purposes as indicated against each of the issues

ITA 1047/CHNY/2024[2017-18]Status: DisposedITAT Chennai06 Nov 2024AY 2017-18

Bench: Shri Mahavir Singhand Shri Jagadish

For Appellant: Shri Abhishek Murali, CAFor Respondent: Smt. R. Anita, Addl.CIT
Section 132Section 132(4)Section 143(3)Section 153ASection 40A(3)

…set not applying thereto. Maybe, in an illegal business such as smuggling, it may not be practicable to comply with the requirements of Section 40A(3). Similar view has been held by Hon'ble Gujarath High court in case of CIT Vs Hynuop food & oil India(p) Ltd 290 ITR 702. Therefore, I am of considered view that cash payments made by appellant to the extent of Rs 10,17,517/- attracts provisions of section 40A (3)warranting disallowance of entire amount. The AO is directed to disallow cash payment made during the year of Rs 10,17,517/- u/s 40A (3) of IT Act. 7.3.10 Therefore, addition made on account of Unaccounte…

GOLD AK,TENKASI vs. ITO 3(3), CHENNAI

In the result, the appeals filed by the assessee are partly- allowed for statistical purposes as indicated against each of the issues

ITA 1046/CHNY/2024[2016-17]Status: DisposedITAT Chennai06 Nov 2024AY 2016-17

Bench: Shri Mahavir Singhand Shri Jagadish

For Appellant: Shri Abhishek Murali, CAFor Respondent: Smt. R. Anita, Addl.CIT
Section 132Section 132(4)Section 143(3)Section 153ASection 40A(3)

…set not applying thereto. Maybe, in an illegal business such as smuggling, it may not be practicable to comply with the requirements of Section 40A(3). Similar view has been held by Hon'ble Gujarath High court in case of CIT Vs Hynuop food & oil India(p) Ltd 290 ITR 702. Therefore, I am of considered view that cash payments made by appellant to the extent of Rs 10,17,517/- attracts provisions of section 40A (3)warranting disallowance of entire amount. The AO is directed to disallow cash payment made during the year of Rs 10,17,517/- u/s 40A (3) of IT Act. 7.3.10 Therefore, addition made on account of Unaccounte…

THE INCOME TAX OFFICER, AMRITSAR. vs. SH. SHIV RAJ SINGH BAWA, AMRITSAR.

In the result, the Revenue’s appeal is allowed and the assessee’s CO, dismissed

ITA 407/ASR/2016[2012-13]Status: DisposedITAT Amritsar30 Jan 2019AY 2012-13

Bench: Sh. Sanjay Arora & Sh. N. K. Choudhryi.T.A. No. 407/Asr/2016 Assessment Year: 2012-13

For Appellant: Sh. Charan Dass (D.R.)For Respondent: Sh. Tarun Bansal (Adv.)
Section 143(3)Section 40A(3)

…the same has to be asessed in accordance with law, allowing deduction in accordance with the provisions of the Act, i.e., sections 30 to 43D (sec. 29). In fact, the Hon’ble Courts have, as in the case of CIT v. Hynoup Food and Oil Industries Pvt. Ltd. [2007] 290 ITR 702 (Guj), held that section 40A(3) shall apply even in respect of undisclosed income. Now, without doubt, the assessee is assessable to tax in respect of income, if any, of his business, which can be said to have commenced with the purchase or acquisition of the land for being sold, either as such or as developed land; that from a business venture b…

MANISH MAHESHWARI,GWALIOR vs. JCIT RANGE-2, GWALIOR

In the result, appeal of the assessee is partly allowed

ITA 308/AGR/2015[2010-11]Status: DisposedITAT Agra26 Sept 2018AY 2010-11

Bench: Him Though Specific Request Was Made To Admit The Same. Ground No. 2 (I) Because The Ld. Cit(A) Has Wrongly, Illegally & Arbitrarily Confirmed Theaddition Of Rs. 67,530/- Made By The Assessing Officer U/S 40A(3) Of The Income Tax Act. (Ii) Because The Ld. Cit(A) Has Legally Erred In Rejecting The Appellant'Sspecificsubmissionand The Unavoidable Circumstances Under Which The Payment Wasmade. Ground No. 3 (I) Because The Ld. Cit(A) Has Wrongly, Illegally & Arbitrarily Confirmed An Addition Of Rs. 1,11,038/- Made By The Assessing Officer By Disallowing The Claim Of Interest Paid Holding The Same To Be Not Allowable U/S 57(Iii) Of The Income Tax Act.”

Section 133Section 40A(3)Section 57Section 68

…In the Income-Tax Appellate Tribunal, Agra Bench, Agra Before: Shri A.D. Jain, Judicial Member And Shri Dr. Mitha Lal Meena, Accountant Member Assessment Year: 2010-11 vs. JCIT, Range – 2, Manish Maheshwari, Prop. Manish Sales, Inderganj Gwalior Square, Opp. Old High Court, Gwalior (M.P.) 474 009 PAN ABKPM 1254 D (Appellant) (Respondent) Appellant by Shri Pankaj Gargh, Advocate Respondent by Shri Waseem Arshad, Sr. D.R. Date of Hearing 29.08.2018 Date of Pronouncement 26/09/2018 ORDER Per Dr. Mitha Lal Meena, A.M.: This appeal has been filed by the assessee against the order of the ld. CIT(A) dated 20.05.2013…

ITO WD 25(1)(5), MUMBAI vs. YOGESH M. MODI, MUMBAI

In the result, appeal of the Revenue is dismissed

ITA 7355/MUM/2016[2012-13]Status: DisposedITAT Mumbai30 Aug 2018AY 2012-13

Bench: Shri Shamim Yahya & Shri Pawan Singhito Ward - 25(1)(5) Yogesh M. Modi Room No. 406, C-10, 101/102, Wellington, Bkc, Bandra (E), Vs. 26, Shastri Nagar, Andheri (W), Mumbai-400051. Mumbai-400053. Pan: Aacpm8521A Appellant Respondent Appellant By : Miss R. Kavitha (Dr) Respondent By : Shri Hitesh Shah (Ar)

For Appellant: Miss R. Kavitha (DR)For Respondent: Shri Hitesh Shah (AR)
Section 143(3)Section 145(3)Section 253Section 254(1)

…s during the course of assessment proceedings. 3. The Id. CIT(A) has erred on fact and in law, in view of the Hon'ble Gujrat High Court decision in the case of Commissioner of Income Tax, ... vs M/s Hynoup Food Oil Ind. Pvt. Ltd. [(2005) 199 CTR Guj 350, 2007 290 ITR 702 Guj wherein the Hon'ble court has upheld the 100% disallowance of bogus purchases. 4. The Id. CIT(A) has erred on fact and in law and in the circumstances of the case in deleting an addition of Rs. 1,37,2451- on account of alleged difference in AIR Transaction pertaining to sale of mutual funds. ITA No. 7355 Mum 2016-Yogesh M. Modi 5. The appe…