CIT v. Smt. Shelly Passi

ABHISHEK SAHA,HOOGHLY vs. ACIT, CIR. 23(1), HOOGHLY

In the result, appeal of the assessee is allowed

Bench: Shri Rajpal Yadav, Hon’Ble & Shri Girish Agrawal, Hon’Bleassessment Years: 2017-18 Abhishek Saha Asstt. Commissioner Of Vs. 24, Lenin Sarani, Mallickpara Income Tax, Circle-23(1), Hooghly - 712203 Kolkata [Pan: Bvhps3605N] (Appellant) (Respondent) Assessee By : Shri U. Dasgupta, Advocate Revenue By : Shri P.P. Barman, Addl. Cit सुनवाई की तारीख/Date Of Hearing : 15/03/2023 घोषणा की तारीख/Date Of Pronouncement : 31/03/2023 O R D E R Per Girish Agrawal: This Appeal By The Assessee Is Directed Against The Order Passed By The National Faceless Appeal Centre, Delhi, (Hereinafter The “Ld. Cit(A)”) Dated 23/12/2021 For Assessment Year 2017-18 Against The Assessment Order Passed U/S 143(3) Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Passed By Acit, Circle-23(1), Hooghly, Dated 07/11/2019. Assessee Has Placed On Record Revised Grounds Of Appeal For Which 2. Ld. Counsel For The Assessee Gave Assurance To The Bench That There Are No New Grounds Taken While Revising The Grounds. These Are Merely To Summarize & Concise The Grounds Originally Taken By The Assessee.

…। आयकर अपीलीय अिधकरण "ायपीठ, कोलकाता । IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, KOLKATA BEFORE SHRI RAJPAL YADAV, HON’BLE VICE PRESIDENT & SHRI GIRISH AGRAWAL, HON’BLE ACCOUNTANT MEMBER Assessment Years: 2017-18 Abhishek Saha Asstt. Commissioner of Vs. 24, Lenin Sarani, Mallickpara Income Tax, Circle-23(1), Hooghly - 712203 Kolkata [PAN: BVHPS3605N] (Appellant) (Respondent) Assessee by : Shri U. Dasgupta, Advocate Revenue by : Shri P.P. Barman, Addl. CIT सुनवाई की तारीख/Date of Hearing : 15/03/2023 घोषणा की तारीख/Date of Pronouncement : 31/03/2023 O R D E R PER GIRISH AGRAWAL, ACCOUNTANT MEMBER: This ap…

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

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

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

…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…

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

Appeal is allowed

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)

…n for its transaction to seller, and later admitted payment and there was no doubt about genuineness of payment, no disallowance could be made under section 40A(3) - Held, yes [ Para 23] [In favour of the assessee]" CIT vs Smt. Shelly Passi reported in (2013) 350 ITR 227 (P&H) In this case the court upheld the view of the tribunal in not applying section 40A(3) of the Act to the cash payments when ultimately, such amounts were deposited in the bank by the payee. 11 12 A.Y 2013-14 Haridas Som 4.5. It is pertinent to note that the primary object of enacting section 40A(3) was two fold, firstly, putting a check on…

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

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

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

…ot doubted. Thus the disallowance is an hyper technical ground. No disallowance can be made u/s 40A(3) of the Act on these facts as per the propositions of law laid down by the Hon’ble Punjab & Haryana High Court in the case of CIT vs. Smt. Shelly Passi; 2013 350 ITR 227. Similar view was taken by the Jurisdictional Tribunal in the case of Rampada Panda v. ITO; 65 Taxmann.com 213, wherein it was been held as follows:- “3.3.3 We hold that since the genuinity of the payments made to the party is not doubted by the revenue, the provisions of section 40A(3) could not be made applicable to the facts of the instant ca…

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

In the result, the appeal of assesse is partly allowed

…n for its transaction to seller, and later admitted payment and there was no doubt about genuineness of payment, no disallowance could be made under section 40A(3) - Held, yes [Para 23] [In favour of the assessee]" CIT vs Smt. Shelly Passi reported in (2013) 350 ITR 227 (P&H) In this case the court upheld the view of the tribunal in not applying section 40A(3) of the Act to the cash payments when ultimately, such amounts were deposited in the bank by the payee. 18. We are not inclined to ignore the intention of the provisions of section 40A(3) of the Act by giving a plain reading of the same as argued by the l…

ITO, WD-2(3), DURGAPUR, DURGAPUR vs. M/S KAJORA PACHAI & C. S. SHOP, BURDWAN

In the result, all the appeals of assessee are allowed

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri M.Balaganesh, Am ] I.T.A No. 502/Kol/2015 Assessment Year : 2010-11 Ito, Ward-2(3), Durgapur -Vs- M/S Kajora Pachai & C.S. Shop [Pan: Aagfk 2341 E] (Appellant) (Respondent)

…n for its transaction to seller, and later admitted payment and there was no doubt about genuineness of payment, no disallowance could be made under section 40A(3) - Held, yes [Para 23] [In favour of the assessee]" CIT vs Smt. Shelly Passi reported in (2013) 350 ITR 227 (P&H) In this case the court upheld the view of the tribunal in not applying section 40A(3) of the Act to the cash payments when ultimately, such amounts were deposited in the bank by the payee. 18. We are not inclined to ignore the intention of the provisions of section 40A(3) of the Act by giving a plain reading of the same as argued by the…

ITO, WARD - 2(2), ASANSOL , ASANSOL vs. NABA KUMAR MANDAL, BURDWAN

In the result, appeal of revenue is dismissed

Bench: "ी ऐ. ट". वक", "यायीक सद"य एवं/And डॉ. अजु"न लाल सैनी, लेखा सद"य) [Before Shri A. T. Varkey, Jm & Dr. A. L. Saini, Am]

…n for its transaction to seller, and later admitted payment and there was no doubt about genuineness of payment, no disallowance could be made under section 40A(3) - Held, yes [Para 23] [In favour of the assessee]" CIT vs Smt. Shelly Passi reported in (2013) 350 ITR 227 (P&H) In this case the court upheld the view of the tribunal in not applying section 40A(3) of the Act to the cash payments when ultimately, such amounts were deposited in the bank by the payee. 18. We are not inclined to ignore the intention of the provisions of section 40A(3) of the Act by giving a plain reading of the same as argued by the ld…

M/S SHIBPUR PACHAI SHOP,BURDWAN vs. ITO, WD-1(4), ASANSOL, ASANSOL

In the result the appeal by the assessee is allowed

Bench: Hon’Ble Sri N.V.Vasudevan, Jm] I.T.A No. 340/Kol/2014 Assessment Year : 2008-09

…n for its transaction to seller, and later admitted payment and there was no doubt about genuineness of payment, no disallowance could be made under section 40A(3) - Held, yes [Para 23] [In favour of the assessee]" CIT vs Smt. Shelly Passi reported in (2013) 350 ITR 227 (P&H) In this case the court upheld the view of the tribunal in not applying section 40A(3) of the Act to the cash payments when ultimately, such amounts were deposited in the bank by the payee. 18. We are not inclined to ignore the intention of the provisions of section 40A(3) of the Act by giving a plain reading of the same as argued by the ld…