M/S. GUNNY DEALERS LTD. ,KOLKATA vs. ITO, TECH-1, KOLKATA, KOLKATA
In the result, the appeal of the assessee is treated as partly allowed
ITA 1373/KOL/2023[2012-13]Status: DisposedITAT Kolkata27 Jun 2024AY 2012-13
Bench: Shri Sanjay Garg & Shri Rakesh Mishrai.T.A. No.1373/Kol/2023 Assessment Years: 2012-13 M/S Gunny Dealers Ltd…………………....................…...……………....Appellant C/O Subash Agarwal & Associates, Advocates Siddha Gibson, 1, Gibson Lane, Suite 213, 2Nd Floor, Kolkata – 700069. [Pan: Aabcg0019R] Vs. Ito, Tech-1, Kolkata………….……………............................…..…..... Respondent Appearances By: Shri Siddharth Agarwal, Advocate, Appeared On Behalf Of The Assessee. Shri P. P. Barman, Addl. Cit-Sr. Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : April 30, 2024 Date Of Pronouncing The Order : June 27, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 28.11.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Has Taken The Following Grounds Of Appeal: “1. For That On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Ought To Haye Considered That The Order U/S 143(3) Was Passed By An Authority Who Lacks Jurisdiction Over The Appellant & As Such, The Said Order Is Bad In Law & Is Liable To Be Quashed. 2. For That On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Was Not Justified In Confirming The Disallowance Of
Section 131Section 143(3)Section 250Section 36(1)(va)Section 40A(3)
…ase laws on 40A(3) - Payments made through agents (a) DCIT vs. Hind Industries Ltd. 120 TTJ 505 (Del.) (b) Gamidiwala Dairy vs. ACIT 136 TTJ 33 (U.0.) (c) Sri Renukeswara Rice Mills vs. ITO 93 ITD 263 (Bangalore) (d) DCIT vs. Allied Leather Finishers (P) Ltd. 32 SOT 549 (Luck) 7. The ld. DR, on the other hand, has relying upon the findings of both the lower authorities has submitted that almost 94% of the purchases were made in cash. That in respect of sundry creditors, the payment was shown in the books but remain unpaid. He referred to page 19 of the assessment order to submit that the Assessing Officer has als…
