Shalimar Impex Ltd. v. ITO

1 ITD 799Income Tax Appellate Tribunal1982#18513 most cited
4

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2022 to 2025.

Sections most often in play

Section 143(3)Section 133(6)Section 133ASection 142(1)Section 41(1)Section 68Section 69CSection 131

Issues it is cited on

undisclosed incomeprevious yeartransfersection 143section 250personcompanysection 14section 143(3)indiatotal income

Judgments citing Shalimar Impex Ltd. v. ITO

Dy.Commissioner of Income Tax, CC-2, Kanpur vs. Shri.Mohammad Asfand Akhtar, Kanpur

In the result, the appeal of Revenue in ITA

ITA 144/LKW/2022[2018-19]Status: DisposedITAT Lucknow26 Sept 2025AY 2018-19

Bench: Shri Sudhanshu Srivastava & Shri Anadee Nath Misshraassessment Year: 2018-19 Dcit, Cc-2 V. Shri Mohammad Asfand Laxmi Niwas, 10/503, Akhtar Allenganj, Kanpur-208001. Plot No.02, Block-B, Scheme-39, Ram Rai Ki Sarai, Jajmau, Kanpur Nagar-208010. Tan/Pan: Aempa0823R (Appellant) (Respondent) Assessment Year: 2018-19 Shri Mohammad Asfand Akhtar V. Dcit, Central Circle-Ii Plot No.02, Block-B, Scheme-39, 10/503, Allenganj, Kanpur- Ram Rai Ki Sarai, Jajmau, 208001. Kanpur Nagar-208010. Tan/Pan: Aempa0823R (Appellant) (Respondent) Appellant By: Shri Ashish Jaiswal, Advocate Respondent By: Shri R. K. Agarwal, Cit(Dr) O R D E R

For Appellant: Shri Ashish Jaiswal, AdvocateFor Respondent: Shri R. K. Agarwal, CIT(DR)
Section 143(3)Section 36(1)(va)Section 37Section 41Section 41(1)Section 68Section 69C

…he case does not revolve around the invoices or shipments pertaining to March or later of 2012 but pertains to invoices and shipments made in March 2011. So the very basis of the addition made by AO is factually incorrect. In Shalimar Impex Ltd. V. ITO (1982) 1 ITD 799 (Cal), similar issue came before the bench in which the Hon'ble Bench held that u/s 37(1) of the Income-Tax Act, 1961 business expenditure in the nature of commission to foreign agent under agreement, the assessee was liable to pay them commission on export sales on actual realisation of sale proceeds of goods exported during the year. The finding…

Mohd. Asfand Akhtar, Kanpur vs. Deputi Commissioner of Income Tax CC-2, Kanpur

In the result, the appeal of Revenue in ITA

ITA 139/LKW/2022[2018-19]Status: DisposedITAT Lucknow26 Sept 2025AY 2018-19

Bench: Shri Sudhanshu Srivastava & Shri Anadee Nath Misshraassessment Year: 2018-19 Dcit, Cc-2 V. Shri Mohammad Asfand Laxmi Niwas, 10/503, Akhtar Allenganj, Kanpur-208001. Plot No.02, Block-B, Scheme-39, Ram Rai Ki Sarai, Jajmau, Kanpur Nagar-208010. Tan/Pan: Aempa0823R (Appellant) (Respondent) Assessment Year: 2018-19 Shri Mohammad Asfand Akhtar V. Dcit, Central Circle-Ii Plot No.02, Block-B, Scheme-39, 10/503, Allenganj, Kanpur- Ram Rai Ki Sarai, Jajmau, 208001. Kanpur Nagar-208010. Tan/Pan: Aempa0823R (Appellant) (Respondent) Appellant By: Shri Ashish Jaiswal, Advocate Respondent By: Shri R. K. Agarwal, Cit(Dr) O R D E R

For Appellant: Shri Ashish Jaiswal, AdvocateFor Respondent: Shri R. K. Agarwal, CIT(DR)
Section 143(3)Section 36(1)(va)Section 37Section 41Section 41(1)Section 68Section 69C

…he case does not revolve around the invoices or shipments pertaining to March or later of 2012 but pertains to invoices and shipments made in March 2011. So the very basis of the addition made by AO is factually incorrect. In Shalimar Impex Ltd. V. ITO (1982) 1 ITD 799 (Cal), similar issue came before the bench in which the Hon'ble Bench held that u/s 37(1) of the Income-Tax Act, 1961 business expenditure in the nature of commission to foreign agent under agreement, the assessee was liable to pay them commission on export sales on actual realisation of sale proceeds of goods exported during the year. The finding…

Mohd. Asfand Akhtar, Kanpur vs. Assistant Commissioner of Income Tax, Range-1, Kanpur

In the result, the appeal of the assessee is allowed

ITA 138/LKW/2022[2013-14]Status: DisposedITAT Lucknow09 Jul 2025AY 2013-14

Bench: SH. KUL BHARAT, VICE PRESIDENT AND SH. NIKHIL CHOUDHARY (Accountant Member)

For Appellant: Sh. Ashish Jaiswal, AdvocateFor Respondent: Sh. R.K. Agarwal, CIT DR
Section 143(3)Section 195Section 250

…that the expenditure on account of commission paid was correctly debited in the P & L account on accrual basis as and when these commission bills were raised. He relied upon the decision of the ITAT Kolkata in the case of Shalimar Impex Limited vs. ITO (1982) 1 ITD 799 (Cal) which he quoted in his assessment order. He held that, from the same it could be inferred that the liability of commission arises only when the entire responsibility of commission agents were fulfilled by them and payments from the buyers had been received by the supplier. Since in the present case that had been done, there was no irregularit…

Dy. Commissioner of Income Tax, Central Circle-2, Kanpur vs. Shri Mohammad Asfand Akhtar, Kanpur

In the result, the appeal of the Revenue stands dismissed

ITA 99/LKW/2022[2017-18]Status: DisposedITAT Lucknow05 Aug 2022AY 2017-18

Bench: Shri A. D. Jain & Shri T. S. Kapoor

Section 133ASection 143(3)Section 145Section 147

…e case does not revolve around the invoices or shipments pertaining to March or later of 2012 but pertains to invoices and shipments made in March 2011. So the very basis of the addition made by AO is factually incorrect. In Shalimar Impex Ltd. V. ITO (1982) 1 ITD 799 (Cal), similar issue came before the bench in which the Hon'ble Bench held that u/s 37(1) of the Income-Tax Act, 1961 business expenditure in the nature of commission to foreign agent under agreement, the assessee was liable to pay them commission on export sales on actual realisation of sale proceeds of goods exported during the year. The finding…

Shalimar Impex Ltd. v. ITO (1 ITD 799) — Cited in 4 Judgments | BharatTax