Sri Laxmi Satyanarayana Oil Mill v. CIT

49 Taxmann.com 363High Court2014#3066 most cited

What is Sri Laxmi Satyanarayana Oil Mill v. CIT authority for?

Disallowance under section 40A(3) of the Income-tax Act is not to be made in respect of cash payments exceeding the prescribed limit if the assessee proves the genuineness of the payment and the seller insisted on cash, offering incentives/discounts, and issued a supporting certificate.

39

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2015 to 2024.

Also referred to as

Sri Laxmi Satyanarayana Oil Mill v. CIT · Section 40A(3) · Rule 6DD · cash payment · exceeding prescribed limit · seller insistence · incentives · discounts · proof of payment · genuineness of payment

Also reported as

226 Taxmann 139

Judgments citing Sri Laxmi Satyanarayana Oil Mill v. CIT

JYOTI PRAKASH DAS,GUWAHATI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3, GUWAHATI

In the result, the appeal of the assessee is allowed

ITA 102/GTY/2020[2017-18]Status: DisposedITAT Guwahati31 Aug 2023AY 2017-18

Bench: Shri Rajesh Kumar, Hon’Ble & Shri Sonjoy Sarma, Hon’Bleassessment Year: 2017-18 Jyoti Prakash Das Dcit, Circle-3, Guwahati Kumud Enclave, Nawaram Vs. Kakati Path, Rehabari, Guwahati-781008. Pan: Ajipd 5193 Q (Appellant) (Respondent) Present For: Appellant By : Shri Ramesh Goenka, Advocate Respondent By : Shri Arun Bhowmick, Jcit Date Of Hearing : 31.08.2023 Date Of Pronouncement : 31.08.2023 O R D E R Per Sonjoy Sarma, Jm: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 07.02.2020 Of Ld. Cit(A), Guwahati-2 Passed U/S 250 Of The Income Tax Act [Hereinafter Referred To As The ‘Act’]. The Assessee Has Raised The Following Grounds Of Appeal: “1(A). That Neither The Learned Assessing Officer Was Justified In Making Disallowance Of Rs. 1,43,73,603/- On Account Of Proportionate Direct Expenses & Adding The Same In The Closing Stock Of The Appellant Nor The Learned Cit(A) Was Justified In Confirming The Aforesaid Disallowance/Addition.

For Appellant: Shri Ramesh Goenka, AdvocateFor Respondent: Shri Arun Bhowmick, JCIT
Section 143(2)Section 250Section 40A(3)Section 69C

…IN THE INCOME TAX APPELLATE TRIBUNAL, GUWAHATI BENCH, GUWAHATI VIRTUAL HEARING AT KOLKATA BEFORE SHRI RAJESH KUMAR, HON’BLE ACCOUNTANT MEMBER AND SHRI SONJOY SARMA, HON’BLE JUDICIAL MEMBER Assessment Year: 2017-18 Jyoti Prakash Das DCIT, Circle-3, Guwahati Kumud Enclave, Nawaram Vs. Kakati Path, Rehabari, Guwahati-781008. PAN: AJIPD 5193 Q (Appellant) (Respondent) Present for: Appellant by : Shri Ramesh Goenka, Advocate Respondent by : Shri Arun Bhowmick, JCIT Date of Hearing : 31.08.2023 Date of Pronouncement : 31.08.2023 O R D E R PER SONJOY SARMA, JM: The present appeal has been preferred by the assessee a…

DCIT, CIRCLE - 2, MINAPORE, PASCHIM MEDINIPUR vs. SHRI JUGAL KISHORE DAS, PASCHIM MEDINIPUR

In the result the appeal of the revenue is dismissed

ITA 1707/KOL/2014[2010-2011]Status: DisposedITAT Kolkata13 Sept 2017AY 2010-2011

Bench: Hon’Ble Shri J.Sudhakar Reddy, Am & Shri S.S.Viswanethra Ravi, Jm ] Assessment Year : 2010-11 D.C.I.T., Circle-2, -Versus- Shri Jugal Kishore Das Midnapore Paschim Medinipur (Pan: Adxpd 2305 B) (Appellant) (Respondent) For The Appellant: Shri David Z.Chawngthu, Addl. Cit(Sr.Dr) For The Respondent: Shri Somnath Ghosh, Advocate Date Of Hearing : 10.08.2017. Date Of Pronouncement : 13.09.2017. Order Per J.Sudhakar Reddy, Am: This Is An Appeal By The Revenue Directed Against The Order Of The Commissioner Of Income Tax-(A)-Xxxvi, Kolkata Relating To A.Y. 2010-11 On The Following Grounds : “1. That On The Facts & In The Circumstances Of The Case, The Ld.Commissioner Of Income-Tax (Appeals)-Xxxvi, Kolkata Was Not Justified In Deleting Addition Aggregating To Rs 86,55,000/-, Made U/S 40A(3) On Account Of Cash Payments Of Rs 45,80,000/- To M/S United Spirits & Rs 40,75,000/- To M/S Vtr Marketing, ; 2. That On The Facts & In The Circumstances Of The Case, The Ld.Commissioner Of Income-Tax (Appeals) - Xxxvi, Kolkata Was Not Justified In Deleting Addition Of Rs 86,55,000/- U/S 40A(3), Ignoring Assessee'S Own Statement Recorded On Oath U/S 131 On 15/03/2013, That Payments Exceeding Rs 20,000/- Were Made In Violation Of The Provisions Of Section 40A(3) Read With Rule-6Dd ; 3. That On The Facts & In The Circumstances Of The Case, The Ld. Commissioner Of Income-Tax (Appeals) -Xxxvi, Kolkata Was Not Justified In Deleting Addition Of Rs 86,55,000/- U/S 40A(3), Ignoring The Fact That The Assessee Failed To Substantiate His Claim That Payments Were Made In Violation Of The Provisions Of Section 40A(3) Read With Rule-6Dd Due To Commercial Expediency ;”

For Appellant: Shri David Z.Chawngthu, Addl. CIT(Sr.DR)For Respondent: Shri Somnath Ghosh, Advocate
Section 131Section 40ASection 40A(3)

…ITA No.1707/Kol/2014-Shri Jugal Kishore Das A.Y.2010-11 1 IN THE INCOME TAX APPELLATE TRIBUNAL, BENCH ‘C’ KOLKATA [Before Hon’ble Shri J.Sudhakar Reddy, AM & Shri S.S.Viswanethra Ravi, JM ] Assessment Year : 2010-11 D.C.I.T., Circle-2, -versus- Shri Jugal Kishore Das Midnapore Paschim Medinipur (PAN: ADXPD 2305 B) (Appellant) (Respondent) For the Appellant: Shri David Z.Chawngthu, Addl. CIT(Sr.DR) For the Respondent: Shri Somnath Ghosh, Advocate Date of Hearing : 10.08.2017. Date of Pronouncement : 13.09.2017. ORDER PER J.SUDHAKAR REDDY, AM: This is an appeal by the Revenue directed against the order of the Com…

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