ITO v. Shantilal Chuni-lal & Co.

45 ITD 581Income Tax Appellate Tribunal1993#14211 most cited
7

judgments rely on this decision, according to BharatTax’s citation analysis of 366,005 Indian tax judgments — from 2022 to 2024.

Sections most often in play

Section 44ABSection 44ADSection 44AE

Issues it is cited on

section 273section 271fsection 273bsection 271bsection 44asection 271(1)(b)rejection of books of accountsection 44absection 44section 274section 250(6)section 151

Judgments citing ITO v. Shantilal Chuni-lal & Co.

Harjeet Singh, Jaipur vs. ITO, Jaipur

In the result, the appeal of the assesee is allowed

ITA 129/JPR/2024[2016-17]Status: DisposedITAT Jaipur10 Jul 2024AY 2016-17

Bench: SHRI SANDEEP GOSAIN (Judicial Member)

For Appellant: Shri Mukesh Khandelwal, CAFor Respondent: Smt. Monisha Choudhary, Addl. CIT-DR

…eight amounts in case of GR note agent is not his turnover :- 1. Hon`ble ITAT, Amritsar Bench in the case of Income Tax Officer v/s Bindra Ban Bansi Lal (78 ITD 228), 2. Hon`ble ITAT, Pune Bench in the case of Income ax Officer v/s Shantilal Chunilal & Co. (45 ITD 581) Guidelines of The Institute of Chartered Accountants of India in 3. their Guidance note for audit u/s 44AB wherein it has been stated that If the property in goods or all significant risks and rewards of ownership of goods continue to belong to the principal, the relevant sale price shall not form part of sales/ turnover of the commission agent.…

Shri Santokh Singh, Amritsar vs. Income Tax Officer Ward - 2 (1), Amritsar

The appeals of the assessees are disposed of in the terms indicated as above

ITA 34/ASR/2023[2015-16]Status: DisposedITAT Amritsar30 May 2023AY 2015-16

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

Section 139(1)Section 144Section 147Section 151Section 250(6)Section 271(1)(b)

…assessee may choose to label the fee as brokerage or even as commission. But the fee—or to use a generic expression ‘receipt’—could not be regarded as turnover proper. RELIED ON IN - The above circular was relied on in ITO v. Shantilal Chuni-lal & Co. [1993] 45 ITD 581 (Pune - Trib.), with the following observa-tions : ". . . Further, reference was made by assessee to pages 52 to 54 which contains Board’s Circular No. 452, dated 17-3-1986 which has been issued in connection with section 44AB of the Income-tax Act, 1961. Reliance was placed on para 4 of the said circular according to which the Board were advised…

Shri Santokh Singh, Amritsar vs. Income Tax Officer Ward- 2 (1), Amritsar

The appeals of the assessees are disposed of in the terms indicated as above

ITA 33/ASR/2023[2015-16]Status: DisposedITAT Amritsar30 May 2023AY 2015-16

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

Section 139(1)Section 144Section 147Section 151Section 250(6)Section 271(1)(b)

…assessee may choose to label the fee as brokerage or even as commission. But the fee—or to use a generic expression ‘receipt’—could not be regarded as turnover proper. RELIED ON IN - The above circular was relied on in ITO v. Shantilal Chuni-lal & Co. [1993] 45 ITD 581 (Pune - Trib.), with the following observa-tions : ". . . Further, reference was made by assessee to pages 52 to 54 which contains Board’s Circular No. 452, dated 17-3-1986 which has been issued in connection with section 44AB of the Income-tax Act, 1961. Reliance was placed on para 4 of the said circular according to which the Board were advised…

Shri Santokh Singh, Amritsar vs. Income Tax Officer Ward - 2 (1), Amritsar

The appeals of the assessees are disposed of in the terms indicated as above

ITA 32/ASR/2023[2014-15]Status: DisposedITAT Amritsar30 May 2023AY 2014-15

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

Section 139(1)Section 144Section 147Section 151Section 250(6)Section 271(1)(b)

…assessee may choose to label the fee as brokerage or even as commission. But the fee—or to use a generic expression ‘receipt’—could not be regarded as turnover proper. RELIED ON IN - The above circular was relied on in ITO v. Shantilal Chuni-lal & Co. [1993] 45 ITD 581 (Pune - Trib.), with the following observa-tions : ". . . Further, reference was made by assessee to pages 52 to 54 which contains Board’s Circular No. 452, dated 17-3-1986 which has been issued in connection with section 44AB of the Income-tax Act, 1961. Reliance was placed on para 4 of the said circular according to which the Board were advised…

Shri Santokh Singh, Amritsar vs. Income Tax Officer Ward -2 (1), Amritsar

The appeals of the assessees are disposed of in the terms indicated as above

ITA 31/ASR/2023[2014-15]Status: DisposedITAT Amritsar30 May 2023AY 2014-15

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

Section 139(1)Section 144Section 147Section 151Section 250(6)Section 271(1)(b)

…assessee may choose to label the fee as brokerage or even as commission. But the fee—or to use a generic expression ‘receipt’—could not be regarded as turnover proper. RELIED ON IN - The above circular was relied on in ITO v. Shantilal Chuni-lal & Co. [1993] 45 ITD 581 (Pune - Trib.), with the following observa-tions : ". . . Further, reference was made by assessee to pages 52 to 54 which contains Board’s Circular No. 452, dated 17-3-1986 which has been issued in connection with section 44AB of the Income-tax Act, 1961. Reliance was placed on para 4 of the said circular according to which the Board were advised…

Assistant Commissioner of Income Tax Circle-3, Amritsar vs. Shri Rajdeep Singh Uppal Prop, Amritsar

In the result, the appeal of the revenue is dismissed and the CO of

ITA 643/ASR/2019[2010-11]Status: DisposedITAT Amritsar16 Nov 2022AY 2010-11

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

For Appellant: Sh. Jatinder Nagpal, AdvFor Respondent: Sh. Rajiv Wadhera, Sr. DR
Section 133(6)Section 148

…fee as brokerage or even as commission. But the fee—or to use a generic expression ‘receipt’—could not be regarded as turnover proper. Asstt. CIT v. Rajdeep Singh Uppal RELIED ON IN - The above circular was relied on in ITO v. Shantilal Chunilal & Co. [1993] 45 ITD 581 (Pune - Trib.), with the following observations: ". . . Further, reference was made by assessee to pages 52 to 54 which contains Board’s Circular No. 452, dated 17-3-1986 which has been issued in connection with section 44AB of the Income-tax Act. 1961 Reliance was placed on para 4 of the said circular according to which the Board were advised th…

Mohd. Gulzar, New Delhi vs. ITO, Ward-63(5), New Delhi

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 1713/DEL/2019[2013-14]Status: DisposedITAT Delhi30 Jun 2022AY 2013-14

Bench: Sh. Aakash Deep Jaindr. B. R. R. Kumar

For Appellant: Sh. Salil Kapoor, AdvFor Respondent: Sh. N. K. Bansal, Sr. DR
Section 44A

…assessee may choose to label the fee as brokerage or even as commission. But the fee—or to use a generic expression ‘receipt’— could not be regarded as turnover proper. RELIED ON IN - The above circular was relied on in ITO v. Shantilal Chunilal & Co. [1993] 45 ITD 581 (Pune - Trib.), with the following observations : ". . . Further, reference was made by assessee to pages 52 to 54 which contains Board’s Circular No. 452, dated 17-3-1986 which has been issued in connection with section 44AB of the Income-tax Act, 1961. Reliance was placed on para 4 of the said circular according to which the Board were advised…

ITO v. Shantilal Chuni-lal & Co. (45 ITD 581) — Cited in 7 Judgments | BharatTax