ACIT, Central Circle- 19, New Delhi vs. Amq Agro India Pvt. Ltd., New Delhi
In the result, both the appeals of the assessee are partly allowed and both the appeals of the revenue are dismissed
ITA 4409/DEL/2018[2014-15]Status: DisposedITAT Delhi22 Jan 2021AY 2014-15
Bench: Sh. H. S. Sidhudr. B. R. R. Kumar(Through Video Conferencing) Ita No. 2805/Del/2018 : Asstt. Year : 2013-14 Ita No. 2806/Del/2018 : Asstt. Year : 2014-15 M/S Amq Agro India Pvt. Ltd. Vs Asstt. Commissioner Of Income C-134, Ground Floor, Defence Tax, Central Circle-19, Colony, New Delhi-110024 New Delhi (Appellant) (Respondent) Pan No. Aaeca0929M
For Appellant: Sh. Sh. Hiren Mehta, CA &For Respondent: Ms. Pramita M. Biswas, CIT DR
Section 153A
…knowledging the receipt of cash payment, the A.O. is not correct in holding that no substantiating documents exist in respect of cash purchases. 27. The ld. AR relied on the decision of Hon’ble Kerala High Court in the case of CIT v. Interseas Food Exporters 188 Taxmann 343 (Kerala). In this case, cash purchases of fish and fish products were disallowed by applying the provisions of section 40A (3) and further a part disallowance was made in respect of purchase against cash payments. Part disallowance of cash purchase was sustained by CIT (A) and reversed by Tribunal on the ground that assessee cannot be expecte…