Mudiam Oil Co. v. ITO

92 ITR 519High Court1973#3408 most cited

What is Mudiam Oil Co. v. ITO authority for?

Section 40A(3) and Rule 6DD are intended to regulate business transactions, prevent the use of unaccounted money, and reduce the chances of using black money. Payments made by crossed cheque or draft facilitate verification of genuineness and source of funds.

35

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2017 to 2025.

Also referred to as

Mudiam Oil Co. v. ITO · section 40A(3) · rule 6DD · business transactions · unaccounted money · black money · genuineness of payment · crossed cheque · crossed bank draft

Issues it is cited on

Judgments citing Mudiam Oil Co. v. ITO

BURMAH DEVI W/O. GOKUL CHAND,REWARI vs. ITO WARD -1, REWARI

In the result, the grounds and appeal filed by the assessee are allowed

ITA 9555/DEL/2019[2009-10]Status: DisposedITAT Delhi11 Sept 2024AY 2009-10

Bench: Shri S.Rifaur Rahman & Shri Sudhir Kumarburmah Devi, Vs. Ito, Ward 1, W/O Gokul Chand, Rewari. Flat No.133, Shanti Lok Society, Sector 3, Bawal Road, Rewari (Haryana). (Pan : Apzpd7437E) (Appellant) (Respondent) Assessee By : Shri Pranav Yadav, Advocate Revenue By : Shri Kanv Bali, Sr. Dr Date Of Hearing : 18.07.2024 Date Of Order : 11.09.2024 Order Per S.Rifaur Rahman,Am: This Appeal Has Been Filed By The Assessee Against The Order Of Learned Commissioner Of Income Tax (Appeals), Rohtak [“Ld. Cit(A)”, For Short] Dated 23.10.2019 For Assessment Year 2009-10. 2. Brief Facts Of The Case Are, Original Assessment Was Made Under Section 143 (3) Of The Income-Tax Act, 1961 (For Short “The Act”) Vide Order Dated 28.11.2011. While Framing Assessment, The Ao Observed That The Assessee Made Cash Payments Of Rs.77,47,703/- Against Purchase Of Goods & Also Made

For Appellant: Shri Pranav Yadav, AdvocateFor Respondent: Shri Kanv Bali, Sr. DR
Section 143Section 40A(3)

…the provisions of Section 40-A(3) and Rule 6-DD that they are intended to regulate the business transactions and to prevent the use of unaccounted money or reduce the chances to use black money for business transactions. [See: Mudiam Oil Company v. ITO[(1973) 92 ITR 519 (AP)| ). If the payment is made by a crossed cheque drawn on a bank or a crossed bank draft then it will be easier to ascertain, when deduction is claimed, whether the payment was genuine and whether it was out of the income from disclosed sources. In interpreting a taxing statute the court cannot be oblivious of the proliferation of black money w…

S. SHIVRAJ REDDY CONSTRUCTIONS, HYDERABAD,SECUNDERABAD vs. ACIT, CIRCLE-4(1), HYDERABAD, HYDERABAD

Appeal is partly allowed for statistical purposes in above terms

ITA 177/HYD/2017[2009-10]Status: DisposedITAT Hyderabad16 Dec 2021AY 2009-10

Bench: Shri A. Mohan Alankamony & Shri S.S. Godaraassessment Year: 2009-10 M/S. Shivrajreddy Vs. The Acit, Circle 4(1), Constructions, Hyderabad. Secunderabad. Pan : Aanfs4155M. (Appellant) (Respondent) Assessee By: M.V. Anil Kumar Revenue By: Shri Subbaraju Penmetsa Date Of Hearing: 14/12/2021 Date Of Pronouncement: 16/12/2021 O R D E R Per S. S. Godara, J.M. This Assessee’S Appeal For A.Y 2009-10 Arises From The Commissioner Of Income Tax (Appeals)-1, Hyderabad’S Order Dated 15.11.2016, In Case No.0081/Cit(A)-1/Hyd/2015-16/2-16-17, Involving Proceedings Under Section 143(3) R.W.S. 263 Of Income Tax Act, 1961 (In Short, “The Act”).

For Appellant: M.V. Anil KumarFor Respondent: Shri Subbaraju Penmetsa
Section 143(3)Section 40A(3)

…icer that the payment made to M/s. Total Infra was in the normal course of business and the payments were genuine. However, the Assessing Officer followed the following case laws • Attar Singh Gurumukhi Sing Etc. Vs ITO 191 667 (SC). • Medium Oil Co., Vs. ITO 92 ITR 519 (AP). A portion of the order of "Medium Oil Co Vs ITO" was quoted, and is being reproduced as under: "The terms of section 40A(3) are not absolute. Consideration of business expediency and other relevant factors are not excluded. The genuine and bona fide transactions are not taken out of the sweep of the section. It is open to the assessee to fur…

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Mudiam Oil Co. v. ITO (92 ITR 519) — Cited in 35 Judgments | BharatTax