Goenka Agencies v. CIT

263 ITR 145High Court2003#8946 most cited
12

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2017 to 2021.

Judgments citing Goenka Agencies v. CIT

DEPUTY COMMISSIONER OF INCOME TAX( CENTRAL)-2, RAIPUR vs. MESERS SHREE JAGDAMBA CONSTRUCTION COMPANY, RAIPUR

In the result, appeal of the Revenue is dismissed

ITA 42/RPR/2020[2014-15]Status: DisposedITAT Raipur02 Sept 2021AY 2014-15

Bench: Shri Pradip Kumar Kedia & Shri Pawan Singhआयकर अपील सं./I.T.A. Nos. 37 To 42/Rpr/2020 ("नधा"रण वष" / Assessment Years : 2009-10 To 2014-15)

For Appellant: Shri R. B. Doshi, C.A
Section 40A(3)

…of expenditure which was otherwise allowable to him could not be denied. Not only the above, but also where the payments have been made in cash to maintain harmonious business relation with the payees such payments have been held as allowable. In the case of 263 ITR 145 2003 CAL Goenka Agencies v. Commissioner of Income-tax in order to keep harmonious business relationship with its supplier, made some payment to him in cash - Assessee claimed that cash payment had been made under unavoidable circumstances and as such same should be deducted from his income. Assessing Officer, however, rejected assessee’s claim a…

DEPUTY COMMISSIONER OF INCOME TAX( CENTRAL)-2, RAIPUR vs. MESERS SHREE JAGDAMBA CONSTRUCTION COMPANY, RAIPUR

In the result, appeal of the Revenue is dismissed

ITA 41/RPR/2020[2013-14]Status: DisposedITAT Raipur02 Sept 2021AY 2013-14

Bench: Shri Pradip Kumar Kedia & Shri Pawan Singhआयकर अपील सं./I.T.A. Nos. 37 To 42/Rpr/2020 ("नधा"रण वष" / Assessment Years : 2009-10 To 2014-15)

For Appellant: Shri R. B. Doshi, C.A
Section 40A(3)

…of expenditure which was otherwise allowable to him could not be denied. Not only the above, but also where the payments have been made in cash to maintain harmonious business relation with the payees such payments have been held as allowable. In the case of 263 ITR 145 2003 CAL Goenka Agencies v. Commissioner of Income-tax in order to keep harmonious business relationship with its supplier, made some payment to him in cash - Assessee claimed that cash payment had been made under unavoidable circumstances and as such same should be deducted from his income. Assessing Officer, however, rejected assessee’s claim a…

DEPUTY COMMISSIONER OF INCOME TAX( CENTRAL)-2, RAIPUR vs. MESERS SHREE JAGDAMBA CONSTRUCTION COMPANY, RAIPUR

In the result, appeal of the Revenue is dismissed

ITA 40/RPR/2020[2012-13]Status: DisposedITAT Raipur02 Sept 2021AY 2012-13

Bench: Shri Pradip Kumar Kedia & Shri Pawan Singhआयकर अपील सं./I.T.A. Nos. 37 To 42/Rpr/2020 ("नधा"रण वष" / Assessment Years : 2009-10 To 2014-15)

For Appellant: Shri R. B. Doshi, C.A
Section 40A(3)

…of expenditure which was otherwise allowable to him could not be denied. Not only the above, but also where the payments have been made in cash to maintain harmonious business relation with the payees such payments have been held as allowable. In the case of 263 ITR 145 2003 CAL Goenka Agencies v. Commissioner of Income-tax in order to keep harmonious business relationship with its supplier, made some payment to him in cash - Assessee claimed that cash payment had been made under unavoidable circumstances and as such same should be deducted from his income. Assessing Officer, however, rejected assessee’s claim a…

DEPUTY COMMISSIONER OF INCOME TAX( CENTRAL)-2, RAIPUR vs. MESERS SHREE JAGDAMBA CONSTRUCTION COMPANY, RAIPUR

In the result, appeal of the Revenue is dismissed

ITA 39/RPR/2020[2011-12]Status: DisposedITAT Raipur02 Sept 2021AY 2011-12

Bench: Shri Pradip Kumar Kedia & Shri Pawan Singhआयकर अपील सं./I.T.A. Nos. 37 To 42/Rpr/2020 ("नधा"रण वष" / Assessment Years : 2009-10 To 2014-15)

For Appellant: Shri R. B. Doshi, C.A
Section 40A(3)

…of expenditure which was otherwise allowable to him could not be denied. Not only the above, but also where the payments have been made in cash to maintain harmonious business relation with the payees such payments have been held as allowable. In the case of 263 ITR 145 2003 CAL Goenka Agencies v. Commissioner of Income-tax in order to keep harmonious business relationship with its supplier, made some payment to him in cash - Assessee claimed that cash payment had been made under unavoidable circumstances and as such same should be deducted from his income. Assessing Officer, however, rejected assessee’s claim a…

DEPUTY COMMISSIONER OF INCOME TAX( CENTRAL)-2, RAIPUR vs. MESERS SHREE JAGDAMBA CONSTRUCTION COMPANY, RAIPUR

In the result, appeal of the Revenue is dismissed

ITA 38/RPR/2020[2010-11]Status: DisposedITAT Raipur02 Sept 2021AY 2010-11

Bench: Shri Pradip Kumar Kedia & Shri Pawan Singhआयकर अपील सं./I.T.A. Nos. 37 To 42/Rpr/2020 ("नधा"रण वष" / Assessment Years : 2009-10 To 2014-15)

For Appellant: Shri R. B. Doshi, C.A
Section 40A(3)

…of expenditure which was otherwise allowable to him could not be denied. Not only the above, but also where the payments have been made in cash to maintain harmonious business relation with the payees such payments have been held as allowable. In the case of 263 ITR 145 2003 CAL Goenka Agencies v. Commissioner of Income-tax in order to keep harmonious business relationship with its supplier, made some payment to him in cash - Assessee claimed that cash payment had been made under unavoidable circumstances and as such same should be deducted from his income. Assessing Officer, however, rejected assessee’s claim a…

DEPUTY COMMISSIONER OF INCOME TAX( CENTRAL)-2, RAIPUR vs. MESERS SHREE JAGDAMBA CONSTRUCTION COMPANY, RAIPUR

In the result, appeal of the Revenue is dismissed

ITA 37/RPR/2020[2009-10]Status: DisposedITAT Raipur02 Sept 2021AY 2009-10

Bench: Shri Pradip Kumar Kedia & Shri Pawan Singhआयकर अपील सं./I.T.A. Nos. 37 To 42/Rpr/2020 ("नधा"रण वष" / Assessment Years : 2009-10 To 2014-15)

For Appellant: Shri R. B. Doshi, C.A
Section 40A(3)

…of expenditure which was otherwise allowable to him could not be denied. Not only the above, but also where the payments have been made in cash to maintain harmonious business relation with the payees such payments have been held as allowable. In the case of 263 ITR 145 2003 CAL Goenka Agencies v. Commissioner of Income-tax in order to keep harmonious business relationship with its supplier, made some payment to him in cash - Assessee claimed that cash payment had been made under unavoidable circumstances and as such same should be deducted from his income. Assessing Officer, however, rejected assessee’s claim a…

SHRI DINESH KUMAR GHOSH ,PASCHIM MEDINIPUR vs. ACIT, CIRCLE - 38, , MIDNAPORE

In the result, this ground and appeal of the assessee is allowed

ITA 2015/KOL/2018[2013-14]Status: DisposedITAT Kolkata26 Apr 2019AY 2013-14

Bench: Sri J. Sudhakar Reddy & Sri S.S. Godara] I.T.A. No. 2015/Kol/2018 Assessment Year: 2013-14 Shri Dinesh Kumar Ghosh.......………………………………....…………………………………………Appellant Garhbeta-Iii,Karamsole P.O. Kiaboni P.S. Garhbeta Paschim Medinipur – 721 253 [Pan : Arkpg 5318 G] Assistant Commissioner Of Income Tax, Circle-38, Midnapore…….........…..…......Respondent Appearances By: Shri Anikesh Banerjee, Advocate, Appeared On Behalf Of The Assessee. Shri C.J. Singh, Jcit D/R, Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : April 3Rd, 2019 Date Of Pronouncing The Order : April 26Th, 2019 O R D E R Per J. Sudhakar Reddy, Am :- This Appeal Filed By The Assessee Is Directed Against The Order Of The Learned Commissioner Of Income Tax (Appeals) - 11, Kolkata, (Ld. Cit(A)) Passed U/S. 250 Of The Income Tax Act, 1961, (The ‘Act’), Dt. 27/06/2018, For The Assessment Year 2013-14. 2. The Assessee Is An Individual & Is In The Business Of Trading In Wood & Timber. He Filed His Return Of Income On 29/10/2013, Disclosing Total Income Of Rs.10,29,280/-. The Assessing Officer Completed Assessment U/S 144 Of The Act, Vide His Order Dt. 10/03/2016, Determining The Total Income At Rs.1,22,27,660/- Interalia Making A Disallowance Of Rs.1,11,97,683/- U/S 40A(3) Of The Act, On The Ground That The Assessee Had Made Cash Payments In Excess Of Rs.20,000/- For Supply Of Timber To Various Local Merchants. Aggrieved The Assessee Carried The Matter In Appeal. Before The Ld. First Appellate Authority, The Assessee Submitted That None Of The Cash Payments In Question Exceeded The Limit Prescribed U/S 40A(3) Of The Act. He Produced A Cash Book & Ledger Account To Demonstrate The Fact That The 2

Section 144Section 250Section 40A(3)

…s of the lower authorities, and delete the disallowance under section 40A(3) of the Act, and this ground of the appeal of the assessee is allowed. 9.2. We find that the Hon‟ble Jurisdictional High Court in the case of Goenka Agencies vs CIT reported in (2003) 263 ITR 145 (Cal) wherein the head notes are reproduced as below:- "Business expenditure-Disallowance under s. 40A(3)-Exceptional and unavoidable circumstances-Assessee has to establish only one of the requirements as provided in r. 6DD(j)(1) and (2), namely, that the payment was made in exceptional and unavoidable circumstances or the payment by cheque or b…

KRISHNA PRASAD POTNURI,KOLKATA vs. ITO, WARD - 40(1), KOLKATA , KOLKATA

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

ITA 450/KOL/2018[2014-15]Status: DisposedITAT Kolkata03 Aug 2018AY 2014-15

Bench: Sri J. Sudhakar Reddy & Sri S.S. Godara) Assessment Year: 2014-15 Krishna Prasad Potnuri...............................................................…………………………………….…..Appellant (Prop. Calcutta South Transport Co.) 20, Phears Lance Bowbazar Kolkata – 700 012 [Pan : Afqpp 3888 Q] Income Tax Officer, Ward-40(1), Kolkata....................................................…………………..Respondent Appearances By: Shri Manish Tiwari, Fca, Appeared On Behalf Of The Assessee. Shri S.M. Das, Addl. Cit, D/R. Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : June 6Th , 2018 Date Of Pronouncing The Order : August 3Rd, 2018 Order Per J. Sudhakar Reddy, Am :-

Section 143(3)Section 250Section 40A(3)

…s of the lower authorities, and delete the disallowance under section 40A(3) of the Act, and this ground of the appeal of the assessee is allowed. 9.2. We find that the Hon‟ble Jurisdictional High Court in the case of Goenka Agencies vs CIT reported in (2003) 263 ITR 145 (Cal) wherein the head notes are reproduced as below:- "Business expenditure-Disallowance under s. 40A(3)-Exceptional and unavoidable circumstances-Assessee has to establish only one of the requirements as provided in r. 6DD(j)(1) and (2), namely, that the payment was made in exceptional and unavoidable circumstances or the payment by cheque or b…

ACIT, CIR-2, DURGAPUR, DURGAPUR vs. S. N. CONSTRUCTION, BANKURA

In the result, the appeal of the assessee is allowed in part and the appeal of the revenue is dismissed

ITA 1205/KOL/2017[2011-12]Status: DisposedITAT Kolkata04 Jul 2018AY 2011-12

Bench: Hon’Ble Shri J.Sudhakar Reddy, Am & Hon’Ble Shri S.S.Godara, Jm] I.T.A No. 1117/Kol/2017 Assessment Year : 2011-12 S.N. Construction -Vs- Acit, Circle-2, Durgapur [Pan: Abafs 9119 B] (Appellant) (Respondent) I.T.A No. 1205/Kol/2017 Assessment Year : 2011-12 Acit, Circle-2, Durgapur -Vs- S.N. Construction [Pan: Abafs 9119 B] (Appellant) (Respondent)

For Appellant: Shri Saikat Maulik, FCAFor Respondent: Gautam Kumar Mondal, Addl. CIT(DR)
Section 143(3)Section 250Section 40A(3)

…2 of the lower authorities, and delete the disallowance under section 40A(3) of the Act, and this ground of the appeal of the assessee is allowed. 9.2. We find that the Hon‟ble Jurisdictional High Court in the case of Goenka Agencies vs CIT reported in (2003) 263 ITR 145 (Cal) wherein the head notes are reproduced as below:- "Business expenditure-Disallowance under s. 40A(3)-Exceptional and unavoidable circumstances-Assessee has to establish only one of the requirements as provided in r. 6DD(j)(1) and (2), namely, that the payment was made in exceptional and unavoidable circumstances or the payment by cheque or b…

S. N. CONSTRUCTION,BANKURA vs. ACIT, CIR-2, DURGAPUR, DURGAPUR

In the result, the appeal of the assessee is allowed in part and the appeal of the revenue is dismissed

ITA 1117/KOL/2017[2011-12]Status: DisposedITAT Kolkata04 Jul 2018AY 2011-12

Bench: Hon’Ble Shri J.Sudhakar Reddy, Am & Hon’Ble Shri S.S.Godara, Jm] I.T.A No. 1117/Kol/2017 Assessment Year : 2011-12 S.N. Construction -Vs- Acit, Circle-2, Durgapur [Pan: Abafs 9119 B] (Appellant) (Respondent) I.T.A No. 1205/Kol/2017 Assessment Year : 2011-12 Acit, Circle-2, Durgapur -Vs- S.N. Construction [Pan: Abafs 9119 B] (Appellant) (Respondent)

For Appellant: Shri Saikat Maulik, FCAFor Respondent: Gautam Kumar Mondal, Addl. CIT(DR)
Section 143(3)Section 250Section 40A(3)

…2 of the lower authorities, and delete the disallowance under section 40A(3) of the Act, and this ground of the appeal of the assessee is allowed. 9.2. We find that the Hon‟ble Jurisdictional High Court in the case of Goenka Agencies vs CIT reported in (2003) 263 ITR 145 (Cal) wherein the head notes are reproduced as below:- "Business expenditure-Disallowance under s. 40A(3)-Exceptional and unavoidable circumstances-Assessee has to establish only one of the requirements as provided in r. 6DD(j)(1) and (2), namely, that the payment was made in exceptional and unavoidable circumstances or the payment by cheque or b…

NATESAN KRISHNAMURTHY ,CHENNAI vs. ITO NON CORPORATE WARD 9(2) , CHENNAI

In the result, the appeal of the assessee stands dismissed

ITA 1672/CHNY/2017[2013-14]Status: DisposedITAT Chennai20 Jun 2018AY 2013-14

Bench: Shri N.R.S. Ganesan & Shri Abraham P. George] आयकर अपील सं./I.T.A. No. 1672/Chny/2017 "नधा"रण वष" /Assessment Year : 2013-2014. Natesan Krishnamurthy, Vs. The Income Tax Officer, 24/60, Mookathal Street, Non Corporate Ward 9(2) Purasawalkam, Chennai 600 034. Chennai 600 007. [Pan Ancpk 2634B] (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Mrs. Ruby George, IRS, CIT
Section 40A(3)Section 5

…a Chordia vs. CIT vs. 298 ITR 349, that of Hon’ble Delhi High Court in the case of CIT vs. Rhydburg Pharmaceuticals Ltd, 269 ITR 561 and Ramaditya Investments vs. CIT, 262 ITR 491, that of Hon’ble Calcutta High Court in the case of Goenka Agencies vs. CIT, 263 ITR 145, that of Hon’ble Punjab and Haryana High Court in the :- 7 -: case of CIT vs. Nikko Auto Ltd, 256 ITR 476 and Aggarwal Steel Traders vs. CIT, 250 ITR 738, that of Hon’ble Kerala High Court in the case of CIT vs. Eastern Condiments Pvt Ltd, 261 ITR 76, that of Hon’ble Gauhati High Court in the case of Shri.Mahabir Industries vs. CIT, 220 ITR 45…

DCIT, CIR-4, KOLKATA, KOLKATA vs. M/S MARUTI FREIGHT MOVERS LTD., KOLKATA

In the result, the appeal of the revenue is dismissed

ITA 482/KOL/2014[2009-2010]Status: DisposedITAT Kolkata05 Apr 2017AY 2009-2010

Bench: Shri N. V. Vasudevan & Shri M. Balaganesh, I.T.A. No. 482/Kol/2014 Assessment Years: 2009-10

Section 250Section 40A(3)Section 43B

…o. 37 to 40/Ahd/ 2013 and IT (SS) A No 115 to 118/Ahd/ 2013 for the Asst. Years 2007-08 to 2010-11 dated 15.11.2013. He placed reliance on the following decisions:- a) Hon‟ble Jurisdictional High Court in the case of Goenka Agencies vs CIT reported in (2003) 263 ITR 145 (Cal) ; 14 I.T.A. No. 482/Kol/2014 Assessment Years: 2009-10 M/s. Maruti Freight Movers Ltd. b) Hon‟ble Gujarat High Court in the case of Anupam Tele Services vs ITO reported in (2014) 366 ITR 122 (Guj) ; c) Hon‟ble Gauhati High Court in the case of Walford Transport (Eastern India) Ltd vs CIT reported in (1999) 240 ITR 902 (Gau) ; 9. We have…

Goenka Agencies v. CIT (263 ITR 145) — Cited in 12 Judgments | BharatTax