S Venkata Subba Rao v. CIT

173 ITR 340High Court1988#2699 most cited

What is S Venkata Subba Rao v. CIT authority for?

The exceptions provided under Rule 6DD to the disallowance provisions of Section 40A(3) are not applicable when the genuineness of expenses is doubtful or if such expenses are unrecorded in books of account.

44

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2014 to 2025.

Also referred to as

S Venkata Subba Rao v. CIT · 173 ITR 340 · Section 40A(3) · Rule 6DD · cash payment disallowance · doubtful expenses · unrecorded expenses · genuineness of expenses · exceptions to 40A(3)

Sections most often in play

Section 153ASection 40A(3)Section 143(3)Section 153CSection 119Section 132(1)Section 144ASection 153D

Issues it is cited on

section 153aofsection 153(a)section 153b(1)(b)section 132(4a)violation of natural justiceunexplained jewellerysection 40a(3)annual valuesection 40asection 132(1)section 153a(1)section 145(3)

Judgments citing S Venkata Subba Rao v. CIT

RAMJI VAISH,ALLAHABAD vs. DCIT(CC), ALLAHABAD

In the result, all the appeals filed by the assessees are held to be partly allowed as above, while the Departmental appeals in the matter of Vijay Stone

ITA 38/ALLD/2023[2007-08]Status: DisposedITAT Allahabad31 Oct 2025AY 2007-08

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudhary

For Appellant: Sh. Praveen Godbole, C.A. & Sh. SuyashFor Respondent: Sh. Amalendu Nath Mishra, CIT DR & Sh
Section 132(1)Section 153Section 153ASection 153DSection 250

…red by exception within Rule 6DD(j). without appreciating that when the genuineness of such expenses itself was doubtful as these expenses were unrecorded in books, no benefit of rule 6DD was available in view of decision in case of S Venkata Subba Rao Vs CIT 173 ITR 340(AP), K.R. Ganesh Kumar Vs. CIT 383 ITR 165, Dilipchand & Sons 301 ITR 276(HP). 7. On the facts and circumstances of the case and in law, the CIT(A) erred in deleting the disallowance ignoring that conditions of exception from application of section 40A(3) r/w Rule 6DD(j) needs to be strictly interpreted by applying the Hayden's rule of Mischief a…

RAMJI VAISH,ALLAHABAD vs. DCIT, (CC), ALLAHABAD

In the result, all the appeals filed by the assessees are held to be partly allowed as above, while the Departmental appeals in the matter of Vijay Stone

ITA 37/ALLD/2023[2006-07]Status: DisposedITAT Allahabad31 Oct 2025AY 2006-07

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudhary

For Appellant: Sh. Praveen Godbole, C.A. & Sh. SuyashFor Respondent: Sh. Amalendu Nath Mishra, CIT DR & Sh
Section 132(1)Section 153Section 153ASection 153DSection 250

…red by exception within Rule 6DD(j). without appreciating that when the genuineness of such expenses itself was doubtful as these expenses were unrecorded in books, no benefit of rule 6DD was available in view of decision in case of S Venkata Subba Rao Vs CIT 173 ITR 340(AP), K.R. Ganesh Kumar Vs. CIT 383 ITR 165, Dilipchand & Sons 301 ITR 276(HP). 7. On the facts and circumstances of the case and in law, the CIT(A) erred in deleting the disallowance ignoring that conditions of exception from application of section 40A(3) r/w Rule 6DD(j) needs to be strictly interpreted by applying the Hayden's rule of Mischief a…

RAMJI VAISH,ALLAHABAD vs. DCIT, (CC), ALLAHABAD

In the result, all the appeals filed by the assessees are held to be partly allowed as above, while the Departmental appeals in the matter of Vijay Stone

ITA 36/ALLD/2023[2005-06]Status: DisposedITAT Allahabad31 Oct 2025AY 2005-06

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudhary

For Appellant: Sh. Praveen Godbole, C.A. & Sh. SuyashFor Respondent: Sh. Amalendu Nath Mishra, CIT DR & Sh
Section 132(1)Section 153Section 153ASection 153DSection 250

…red by exception within Rule 6DD(j). without appreciating that when the genuineness of such expenses itself was doubtful as these expenses were unrecorded in books, no benefit of rule 6DD was available in view of decision in case of S Venkata Subba Rao Vs CIT 173 ITR 340(AP), K.R. Ganesh Kumar Vs. CIT 383 ITR 165, Dilipchand & Sons 301 ITR 276(HP). 7. On the facts and circumstances of the case and in law, the CIT(A) erred in deleting the disallowance ignoring that conditions of exception from application of section 40A(3) r/w Rule 6DD(j) needs to be strictly interpreted by applying the Hayden's rule of Mischief a…

RAMJI VAISH,ALLAHABAD vs. DCIT(CC), ALLAHABAD

In the result, all the appeals filed by the assessees are held to be partly allowed as above, while the Departmental appeals in the matter of Vijay Stone

ITA 127/ALLD/2023[2011-12]Status: DisposedITAT Allahabad31 Oct 2025AY 2011-12

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudhary

For Appellant: Sh. Praveen Godbole, C.A. & Sh. SuyashFor Respondent: Sh. Amalendu Nath Mishra, CIT DR & Sh
Section 132(1)Section 153Section 153ASection 153DSection 250

…red by exception within Rule 6DD(j). without appreciating that when the genuineness of such expenses itself was doubtful as these expenses were unrecorded in books, no benefit of rule 6DD was available in view of decision in case of S Venkata Subba Rao Vs CIT 173 ITR 340(AP), K.R. Ganesh Kumar Vs. CIT 383 ITR 165, Dilipchand & Sons 301 ITR 276(HP). 7. On the facts and circumstances of the case and in law, the CIT(A) erred in deleting the disallowance ignoring that conditions of exception from application of section 40A(3) r/w Rule 6DD(j) needs to be strictly interpreted by applying the Hayden's rule of Mischief a…

RAMJI VAISH,ALLAHABAD vs. DCIT(CC), ALLAHABAD

In the result, all the appeals filed by the assessees are held to be partly allowed as above, while the Departmental appeals in the matter of Vijay Stone

ITA 126/ALLD/2023[2010-11]Status: DisposedITAT Allahabad31 Oct 2025AY 2010-11

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudhary

For Appellant: Sh. Praveen Godbole, C.A. & Sh. SuyashFor Respondent: Sh. Amalendu Nath Mishra, CIT DR & Sh
Section 132(1)Section 153Section 153ASection 153DSection 250

…red by exception within Rule 6DD(j). without appreciating that when the genuineness of such expenses itself was doubtful as these expenses were unrecorded in books, no benefit of rule 6DD was available in view of decision in case of S Venkata Subba Rao Vs CIT 173 ITR 340(AP), K.R. Ganesh Kumar Vs. CIT 383 ITR 165, Dilipchand & Sons 301 ITR 276(HP). 7. On the facts and circumstances of the case and in law, the CIT(A) erred in deleting the disallowance ignoring that conditions of exception from application of section 40A(3) r/w Rule 6DD(j) needs to be strictly interpreted by applying the Hayden's rule of Mischief a…

RAMJI VAISH,ALLAHABAD vs. DCIT(CC), ALLAHABAD

In the result, all the appeals filed by the assessees are held to be partly allowed as above, while the Departmental appeals in the matter of Vijay Stone

ITA 125/ALLD/2023[2009-10]Status: DisposedITAT Allahabad31 Oct 2025AY 2009-10

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudhary

For Appellant: Sh. Praveen Godbole, C.A. & Sh. SuyashFor Respondent: Sh. Amalendu Nath Mishra, CIT DR & Sh
Section 132(1)Section 153Section 153ASection 153DSection 250

…red by exception within Rule 6DD(j). without appreciating that when the genuineness of such expenses itself was doubtful as these expenses were unrecorded in books, no benefit of rule 6DD was available in view of decision in case of S Venkata Subba Rao Vs CIT 173 ITR 340(AP), K.R. Ganesh Kumar Vs. CIT 383 ITR 165, Dilipchand & Sons 301 ITR 276(HP). 7. On the facts and circumstances of the case and in law, the CIT(A) erred in deleting the disallowance ignoring that conditions of exception from application of section 40A(3) r/w Rule 6DD(j) needs to be strictly interpreted by applying the Hayden's rule of Mischief a…

RAMJI VAISH,ALLAHABAD vs. DCIT(C.C.), ALLAHABAD

In the result, all the appeals filed by the assessees are held to be partly allowed as above, while the Departmental appeals in the matter of Vijay Stone

ITA 101/ALLD/2023[2008-09]Status: DisposedITAT Allahabad31 Oct 2025AY 2008-09

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudhary

For Appellant: Sh. Praveen Godbole, C.A. & Sh. SuyashFor Respondent: Sh. Amalendu Nath Mishra, CIT DR & Sh
Section 132(1)Section 153Section 153ASection 153DSection 250

…red by exception within Rule 6DD(j). without appreciating that when the genuineness of such expenses itself was doubtful as these expenses were unrecorded in books, no benefit of rule 6DD was available in view of decision in case of S Venkata Subba Rao Vs CIT 173 ITR 340(AP), K.R. Ganesh Kumar Vs. CIT 383 ITR 165, Dilipchand & Sons 301 ITR 276(HP). 7. On the facts and circumstances of the case and in law, the CIT(A) erred in deleting the disallowance ignoring that conditions of exception from application of section 40A(3) r/w Rule 6DD(j) needs to be strictly interpreted by applying the Hayden's rule of Mischief a…

ASSTT. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, ALLAHABAD vs. VIJAY STONE PRODUCT, SONEBHADRA

In the result, all the appeals filed by the assessees are held to be partly allowed as above, while the Departmental appeals in the matter of Vijay Stone

ITA 65/ALLD/2019[2011-12]Status: DisposedITAT Allahabad31 Oct 2025AY 2011-12

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudhary

For Appellant: Sh. Praveen Godbole, C.A. & Sh. SuyashFor Respondent: Sh. Amalendu Nath Mishra, CIT DR & Sh
Section 132(1)Section 153Section 153ASection 153DSection 250

…red by exception within Rule 6DD(j). without appreciating that when the genuineness of such expenses itself was doubtful as these expenses were unrecorded in books, no benefit of rule 6DD was available in view of decision in case of S Venkata Subba Rao Vs CIT 173 ITR 340(AP), K.R. Ganesh Kumar Vs. CIT 383 ITR 165, Dilipchand & Sons 301 ITR 276(HP). 7. On the facts and circumstances of the case and in law, the CIT(A) erred in deleting the disallowance ignoring that conditions of exception from application of section 40A(3) r/w Rule 6DD(j) needs to be strictly interpreted by applying the Hayden's rule of Mischief a…

ASSTT. COMMISSIONER OF INCOME TAX CENTRAL CIRCLE, ALLAHABAD vs. VIJAY STONE PRODUCTS, SONEBHADRA

In the result, all the appeals filed by the assessees are held to be partly allowed as above, while the Departmental appeals in the matter of Vijay Stone

ITA 64/ALLD/2019[2010-11]Status: DisposedITAT Allahabad31 Oct 2025AY 2010-11

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudhary

For Appellant: Sh. Praveen Godbole, C.A. & Sh. SuyashFor Respondent: Sh. Amalendu Nath Mishra, CIT DR & Sh
Section 132(1)Section 153Section 153ASection 153DSection 250

…red by exception within Rule 6DD(j). without appreciating that when the genuineness of such expenses itself was doubtful as these expenses were unrecorded in books, no benefit of rule 6DD was available in view of decision in case of S Venkata Subba Rao Vs CIT 173 ITR 340(AP), K.R. Ganesh Kumar Vs. CIT 383 ITR 165, Dilipchand & Sons 301 ITR 276(HP). 7. On the facts and circumstances of the case and in law, the CIT(A) erred in deleting the disallowance ignoring that conditions of exception from application of section 40A(3) r/w Rule 6DD(j) needs to be strictly interpreted by applying the Hayden's rule of Mischief a…

VIJAY STONE PRODUCT,SONEBHADRA vs. ASSTT. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, ALLAHABAD

In the result, all the appeals filed by the assessees are held to be partly allowed as above, while the Departmental appeals in the matter of Vijay Stone

ITA 33/ALLD/2019[2011-12]Status: DisposedITAT Allahabad31 Oct 2025AY 2011-12

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudhary

For Appellant: Sh. Praveen Godbole, C.A. & Sh. SuyashFor Respondent: Sh. Amalendu Nath Mishra, CIT DR & Sh
Section 132(1)Section 153Section 153ASection 153DSection 250

…red by exception within Rule 6DD(j). without appreciating that when the genuineness of such expenses itself was doubtful as these expenses were unrecorded in books, no benefit of rule 6DD was available in view of decision in case of S Venkata Subba Rao Vs CIT 173 ITR 340(AP), K.R. Ganesh Kumar Vs. CIT 383 ITR 165, Dilipchand & Sons 301 ITR 276(HP). 7. On the facts and circumstances of the case and in law, the CIT(A) erred in deleting the disallowance ignoring that conditions of exception from application of section 40A(3) r/w Rule 6DD(j) needs to be strictly interpreted by applying the Hayden's rule of Mischief a…

VIJAY STONE PRODUCT,SONEBHADRA vs. ASSTT. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, ALLAHABAD

In the result, all the appeals filed by the assessees are held to be partly allowed as above, while the Departmental appeals in the matter of Vijay Stone

ITA 32/ALLD/2019[2010-11]Status: DisposedITAT Allahabad31 Oct 2025AY 2010-11

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudhary

For Appellant: Sh. Praveen Godbole, C.A. & Sh. SuyashFor Respondent: Sh. Amalendu Nath Mishra, CIT DR & Sh
Section 132(1)Section 153Section 153ASection 153DSection 250

…red by exception within Rule 6DD(j). without appreciating that when the genuineness of such expenses itself was doubtful as these expenses were unrecorded in books, no benefit of rule 6DD was available in view of decision in case of S Venkata Subba Rao Vs CIT 173 ITR 340(AP), K.R. Ganesh Kumar Vs. CIT 383 ITR 165, Dilipchand & Sons 301 ITR 276(HP). 7. On the facts and circumstances of the case and in law, the CIT(A) erred in deleting the disallowance ignoring that conditions of exception from application of section 40A(3) r/w Rule 6DD(j) needs to be strictly interpreted by applying the Hayden's rule of Mischief a…

VIJAY STONE PRODUCT,SONEBHADRA vs. ASSTT. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, ALLAHABAD

In the result, all the appeals filed by the assessees are held to be partly allowed as above, while the Departmental appeals in the matter of Vijay Stone

ITA 31/ALLD/2019[2009-10]Status: DisposedITAT Allahabad31 Oct 2025AY 2009-10

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudhary

For Appellant: Sh. Praveen Godbole, C.A. & Sh. SuyashFor Respondent: Sh. Amalendu Nath Mishra, CIT DR & Sh
Section 132(1)Section 153Section 153ASection 153DSection 250

…red by exception within Rule 6DD(j). without appreciating that when the genuineness of such expenses itself was doubtful as these expenses were unrecorded in books, no benefit of rule 6DD was available in view of decision in case of S Venkata Subba Rao Vs CIT 173 ITR 340(AP), K.R. Ganesh Kumar Vs. CIT 383 ITR 165, Dilipchand & Sons 301 ITR 276(HP). 7. On the facts and circumstances of the case and in law, the CIT(A) erred in deleting the disallowance ignoring that conditions of exception from application of section 40A(3) r/w Rule 6DD(j) needs to be strictly interpreted by applying the Hayden's rule of Mischief a…

VIJAY STONE PRODUCT,SONEBHADRA vs. ASSTT. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, ALLAHABAD

In the result, all the appeals filed by the assessees are held to be partly allowed as above, while the Departmental appeals in the matter of Vijay Stone

ITA 30/ALLD/2019[2007-08]Status: DisposedITAT Allahabad31 Oct 2025AY 2007-08

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudhary

For Appellant: Sh. Praveen Godbole, C.A. & Sh. SuyashFor Respondent: Sh. Amalendu Nath Mishra, CIT DR & Sh
Section 132(1)Section 153Section 153ASection 153DSection 250

…red by exception within Rule 6DD(j). without appreciating that when the genuineness of such expenses itself was doubtful as these expenses were unrecorded in books, no benefit of rule 6DD was available in view of decision in case of S Venkata Subba Rao Vs CIT 173 ITR 340(AP), K.R. Ganesh Kumar Vs. CIT 383 ITR 165, Dilipchand & Sons 301 ITR 276(HP). 7. On the facts and circumstances of the case and in law, the CIT(A) erred in deleting the disallowance ignoring that conditions of exception from application of section 40A(3) r/w Rule 6DD(j) needs to be strictly interpreted by applying the Hayden's rule of Mischief a…

M/S JAI MAA SHARDA SERVICE STATION,ALLAHABAD vs. ACIT, CENTRAL CIRCLE, ALLAHABAD

In the result, all the appeals filed by the assessees are held to be partly allowed as above, while the Departmental appeals in the matter of Vijay Stone

ITA 25/ALLD/2019[2011-12]Status: DisposedITAT Allahabad31 Oct 2025AY 2011-12

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudhary

For Appellant: Sh. Praveen Godbole, C.A. & Sh. SuyashFor Respondent: Sh. Amalendu Nath Mishra, CIT DR & Sh
Section 132(1)Section 153Section 153ASection 153DSection 250

…red by exception within Rule 6DD(j). without appreciating that when the genuineness of such expenses itself was doubtful as these expenses were unrecorded in books, no benefit of rule 6DD was available in view of decision in case of S Venkata Subba Rao Vs CIT 173 ITR 340(AP), K.R. Ganesh Kumar Vs. CIT 383 ITR 165, Dilipchand & Sons 301 ITR 276(HP). 7. On the facts and circumstances of the case and in law, the CIT(A) erred in deleting the disallowance ignoring that conditions of exception from application of section 40A(3) r/w Rule 6DD(j) needs to be strictly interpreted by applying the Hayden's rule of Mischief a…

M/S JAI MAA SHARDA SERVICE STATION,ALLAHABAD vs. ACIT, CENTRAL CIRCLE, ALLAHABAD

In the result, all the appeals filed by the assessees are held to be partly allowed as above, while the Departmental appeals in the matter of Vijay Stone

ITA 24/ALLD/2019[2010-11]Status: DisposedITAT Allahabad31 Oct 2025AY 2010-11

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudhary

For Appellant: Sh. Praveen Godbole, C.A. & Sh. SuyashFor Respondent: Sh. Amalendu Nath Mishra, CIT DR & Sh
Section 132(1)Section 153Section 153ASection 153DSection 250

…red by exception within Rule 6DD(j). without appreciating that when the genuineness of such expenses itself was doubtful as these expenses were unrecorded in books, no benefit of rule 6DD was available in view of decision in case of S Venkata Subba Rao Vs CIT 173 ITR 340(AP), K.R. Ganesh Kumar Vs. CIT 383 ITR 165, Dilipchand & Sons 301 ITR 276(HP). 7. On the facts and circumstances of the case and in law, the CIT(A) erred in deleting the disallowance ignoring that conditions of exception from application of section 40A(3) r/w Rule 6DD(j) needs to be strictly interpreted by applying the Hayden's rule of Mischief a…

M/S SUBHASH STONE PRODUCT PRIVATE LIMITED,SONEBHADRA vs. ASSTT. COMMISSIONER OF INCOME TAX CENTRAL CIRCLE, ALLAHABAD

In the result, all the appeals filed by the assessees are held to be partly allowed as above, while the Departmental appeals in the matter of Vijay Stone

ITA 108/ALLD/2019[2010-11]Status: DisposedITAT Allahabad31 Oct 2025AY 2010-11

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudhary

For Appellant: Sh. Praveen Godbole, C.A. & Sh. SuyashFor Respondent: Sh. Amalendu Nath Mishra, CIT DR & Sh
Section 132(1)Section 153Section 153ASection 153DSection 250

…red by exception within Rule 6DD(j). without appreciating that when the genuineness of such expenses itself was doubtful as these expenses were unrecorded in books, no benefit of rule 6DD was available in view of decision in case of S Venkata Subba Rao Vs CIT 173 ITR 340(AP), K.R. Ganesh Kumar Vs. CIT 383 ITR 165, Dilipchand & Sons 301 ITR 276(HP). 7. On the facts and circumstances of the case and in law, the CIT(A) erred in deleting the disallowance ignoring that conditions of exception from application of section 40A(3) r/w Rule 6DD(j) needs to be strictly interpreted by applying the Hayden's rule of Mischief a…

SUBHASH STONE PRODUCT (P) LTD.,SONEBHADRA vs. ASSTT. COMMISSIONER OF INCOME TAX CENTRAL CIRCLE, ALLAHABAD

In the result, all the appeals filed by the assessees are held to be partly allowed as above, while the Departmental appeals in the matter of Vijay Stone

ITA 107/ALLD/2019[2008-09]Status: DisposedITAT Allahabad31 Oct 2025AY 2008-09

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudhary

For Appellant: Sh. Praveen Godbole, C.A. & Sh. SuyashFor Respondent: Sh. Amalendu Nath Mishra, CIT DR & Sh
Section 132(1)Section 153Section 153ASection 153DSection 250

…red by exception within Rule 6DD(j). without appreciating that when the genuineness of such expenses itself was doubtful as these expenses were unrecorded in books, no benefit of rule 6DD was available in view of decision in case of S Venkata Subba Rao Vs CIT 173 ITR 340(AP), K.R. Ganesh Kumar Vs. CIT 383 ITR 165, Dilipchand & Sons 301 ITR 276(HP). 7. On the facts and circumstances of the case and in law, the CIT(A) erred in deleting the disallowance ignoring that conditions of exception from application of section 40A(3) r/w Rule 6DD(j) needs to be strictly interpreted by applying the Hayden's rule of Mischief a…

GOLD AK,TENKASI vs. ITO 3(3), CHENNAI

In the result, the appeals filed by the assessee are partly- allowed for statistical purposes as indicated against each of the issues

ITA 1051/CHNY/2024[2021-22]Status: DisposedITAT Chennai06 Nov 2024AY 2021-22

Bench: Shri Mahavir Singhand Shri Jagadish

For Appellant: Shri Abhishek Murali, CAFor Respondent: Smt. R. Anita, Addl.CIT
Section 132Section 132(4)Section 143(3)Section 153ASection 40A(3)

…instance payment in cash by appellant was in excess of Rs10,000/. Question is will the provisions of section 40A(3) for disallowance of cash expenditure apply to transactions outside the books. Hon'ble High court of AndhraPradesh in the S. Venkata Subba Rao (173 ITR 340) had held that once it is conceded that the profits and gains derived from the illegal business are liable to be taxed, then all the provisions of the IT Act must apply. It is not possible to hold that some of the provisions such as Section 40A(3) do not apply to the assessment of taxable income in the case of illegal business while some others d…

GOLD AK,TENKASI vs. ITO 3(3), CHENNAI

In the result, the appeals filed by the assessee are partly- allowed for statistical purposes as indicated against each of the issues

ITA 1050/CHNY/2024[2020-21]Status: DisposedITAT Chennai06 Nov 2024AY 2020-21

Bench: Shri Mahavir Singhand Shri Jagadish

For Appellant: Shri Abhishek Murali, CAFor Respondent: Smt. R. Anita, Addl.CIT
Section 132Section 132(4)Section 143(3)Section 153ASection 40A(3)

…instance payment in cash by appellant was in excess of Rs10,000/. Question is will the provisions of section 40A(3) for disallowance of cash expenditure apply to transactions outside the books. Hon'ble High court of AndhraPradesh in the S. Venkata Subba Rao (173 ITR 340) had held that once it is conceded that the profits and gains derived from the illegal business are liable to be taxed, then all the provisions of the IT Act must apply. It is not possible to hold that some of the provisions such as Section 40A(3) do not apply to the assessment of taxable income in the case of illegal business while some others d…

GOLD AK,TENKASI vs. ITO 3(3), CHENNAI

In the result, the appeals filed by the assessee are partly- allowed for statistical purposes as indicated against each of the issues

ITA 1049/CHNY/2024[2019-20]Status: DisposedITAT Chennai06 Nov 2024AY 2019-20

Bench: Shri Mahavir Singhand Shri Jagadish

For Appellant: Shri Abhishek Murali, CAFor Respondent: Smt. R. Anita, Addl.CIT
Section 132Section 132(4)Section 143(3)Section 153ASection 40A(3)

…instance payment in cash by appellant was in excess of Rs10,000/. Question is will the provisions of section 40A(3) for disallowance of cash expenditure apply to transactions outside the books. Hon'ble High court of AndhraPradesh in the S. Venkata Subba Rao (173 ITR 340) had held that once it is conceded that the profits and gains derived from the illegal business are liable to be taxed, then all the provisions of the IT Act must apply. It is not possible to hold that some of the provisions such as Section 40A(3) do not apply to the assessment of taxable income in the case of illegal business while some others d…

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