CIT v. K.K.S.K. Leather Processor P. Ltd.

292 ITR 669High Court2007#20338 most cited
4

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2017 to 2022.

Judgments citing CIT v. K.K.S.K. Leather Processor P. Ltd.

ACIT, New Delhi vs. M/S. Nagar Dairy Pvt. Ltd., New Delhi

In the result, Appeal of the Revenue in ITA No

ITA 5475/DEL/2015[2011-12]Status: DisposedITAT Delhi24 Nov 2022AY 2011-12

Bench: Dr. B. R. R. Kumar & Sh. Yogesh Kumar U.S.

For Respondent: “1. On the facts and in the circumstances of the case
Section 153CSection 2(22)(e)Section 271(1)(c)Section 40A(3)

…strative and not exhaustive and the underlying idea of the circular is that if the identity of the payee is known, it would be possible for the ITO to cross check whether the transaction had in fact taken place CIT vs. K.K.S.K. Leather Processor P. Ltd (2007) 292 ITR 669, 693(Mad.). 22. While adjudicating the issue, the ld. CIT(A) held as under: “In cases where the authorities are satisfied about the genuineness of the transaction and the identity of the payee, there would be no occasion to disallow such kind of payment in the circumstances of acute financial stringency. Thus, where the transaction is found to…

ACIT, New Delhi vs. M/S. Nagar Dairy Pvt. Ltd., New Delhi

In the result, Appeal of the Revenue in ITA No

ITA 5474/DEL/2015[2010-11]Status: DisposedITAT Delhi24 Nov 2022AY 2010-11

Bench: Dr. B. R. R. Kumar & Sh. Yogesh Kumar U.S.

For Respondent: “1. On the facts and in the circumstances of the case
Section 153CSection 2(22)(e)Section 271(1)(c)Section 40A(3)

…strative and not exhaustive and the underlying idea of the circular is that if the identity of the payee is known, it would be possible for the ITO to cross check whether the transaction had in fact taken place CIT vs. K.K.S.K. Leather Processor P. Ltd (2007) 292 ITR 669, 693(Mad.). 22. While adjudicating the issue, the ld. CIT(A) held as under: “In cases where the authorities are satisfied about the genuineness of the transaction and the identity of the payee, there would be no occasion to disallow such kind of payment in the circumstances of acute financial stringency. Thus, where the transaction is found to…

Emkey Cold Storage, Kheda vs. The DCIT, Kheda Circle, Nadiad

In the result, assessee’s appeal is allowed

ITA 80/AHD/2021[2012-13]Status: DisposedITAT Ahmedabad02 Nov 2022AY 2012-13

Bench: Shri Pramod M. Jagtap & Ms. Madhumita Royआयकर अपील सं./I.T.A. No. 80/Ahd/2021 ("नधा"रण वष" / Assessment Year : 2012-13) Emkey Cold Storage D.C.I.T. बनाम/ Kheda Circle, National High Way No.-8, Vs. Village-Gutal, Nadiad, Nadiad Dist.-Kheda "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabfe5635Q .. (अपीलाथ" /Appellant) (""यथ" / Respondent) Shri S. N. Divatia, A.R. अपीलाथ" ओर से /Appellant By : ""यथ" क" ओर से/Respondent By : Shri Rakesh Jha, Sr. D.R. सुनवाई क" तार"ख / Date Of 14/10/2022 Hearing घोषणा क" तार"ख /Date Of 02/11/2022 Pronouncement O R D E R Per Ms. Madhumita Roy - Jm: The Instant Appeal Filed By The Assessee Is Directed Against The Order Dated 05.03.2021 Passed By The National Faceless Appeal Centre (Nfac), Delhi Arising Out Of The Order Dated 27.12.2019 Passed By The Dcit, Kheda Circle, Nadiad Under Section 143(3) R.W.S. 147 Of The Income Tax Act, 1961 (Hereinafter Referred As To ‘The Act’) For Assessment Year 2012-13. Ita No. 80/Ahd/2021 (Kheda Cold Storage Vs. Dcit) A.Y.– 2012-13 - 2 - 2. The Issue Involved In This Particular Matter Is This As To Whether The Disallowance Of Rs.8,09,287/- Invoking The Provision Of Section 40A(3) Of The Act Is Justified In Regard To The Payment Of Electricity Charges Made To The Gujarat Electricity Board.

For Respondent: Shri Rakesh Jha, Sr. D.R
Section 143(3)Section 40A(3)Section 5

…mstances as may be prescribed, having regard to the nature and extent of banking facilities available, considerations of business expediency and other relevant factors." 16. The Hon'ble Madras High Court in the case of CIT vs. K.K.S.K. Leather Procesor P.Ltd. 292 ITR 669 (Mad) considering its earlier decision in the case of Chrome Leather Company P.Ltd.(supra), held as under:- "Rule 6DD of the Income-tax Rules, 1962, provides that an assessee can be exempted from the payment by a crossed cheque or crossed bank draft in the circumstances specified in the rule. The Central Board of Direct Taxes has issued certain g…

ACIT, New Delhi vs. M/S. Canon India Pvt. Ltd, Gurgaon

Appeal is partly allowed for statistical purpose

ITA 4358/DEL/2009[2003-04]Status: DisposedITAT Delhi15 Jun 2017AY 2003-04

Bench: Shri N. K. Saini & Smt Suchitra Kamble

Section 36(1)Section 36(2)Section 92CSection 92F

…directed to file the said information. Thus the information provided to the CIT(A) was not in the nature of ‘additional evidence’. The Ld. AR relied on the decision of Hon’ble Madras High Court in the case of CIT vs K.K.S.K Leather Processor (P.) Ltd. (2007) 292 ITR 669 (Mad), wherein the Hon’ble Court held that verification of regular accounts could not be considered as additional evidence to be called as violation of Rule 46A. Further, the details of RPT of comparable M/s Xerox India Ltd. was available with the TPO, which is evident from order of TPO wherein he has recorded his finding in relation to RPT of M/…

CIT v. K.K.S.K. Leather Processor P. Ltd. (292 ITR 669) — Cited in 4 Judgments | BharatTax