Sri Laxmi Satyanarayana Oil Mill v. CIT

49 Taxmann.com 363High Court2014#3022 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.

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judgments rely on this decision, according to BharatTax’s citation analysis of 366,418 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

Smt Bimala Bala Mondal, Burdwan vs. ITO, WD-1(4), Durgapur

In the result the appeal by the assessee is allowed

ITA 794/KOL/2014[2010-2011]Status: DisposedITAT Kolkata02 Sept 2016AY 2010-2011

Bench: Hon’Ble Sri N.V.Vasudevan, Jm] I.T.A No. 794/Kol/2014 Assessment Year : 2010-11 Smt. Bimala Bala Mondal -Vs.- I.T.O., Ward-1(4) Burdwan Durgapur [Pan : Aeapm 9753 N] ] (Respondent) (Appellant) For The Appellant : None For The Respondent : Shri.Ambitab Bhattacharya Jcit Date Of Hearing : 23.08.2016 Date Of Pronouncement : 02.09.2016. Order This Is An Appeal By The Assessee Against The Order Dated 5.2.2014 Of Cit(A)- Durgapur, Relating To Ay 2010-11. 2. The Assessee Is An Individual. He Is A Dealer In Country Spirits. Purchases Are Made From A Single Party Namely Ifb Agro Industries Ltd.. The Assessee In Respect Of Purchases From Ifb Agro Industries Ltd. Made A Payment Of Rs.14,31,840/- In Cash. According To The Ao The Above Payment Made Cannot Be Allowed As Deduction In Computing The Total Income Of The Assessee Because Of The Violation Of The Provision Of Section 40A(3) Of The Income Tax Act, 1961 (Act). The Action Of The Ao Was Confirmed By Cit(A). 3. Aggrieved By The Order Of Cit(A) The Assessee Has Preferred An Appeal Before This Tribunal. 4. None Appeared On Behalf Of The Asseseee Nor Was Any Request For Adjournment Made. I Have Heard The Submissions Of The Ld. Dr. Identical Issue With Regard To The Disallowance U/S 40A(3) Of The Act In The Case Of Assessee Who Are Engaged In The Business Of Country Spirits Who Have Paid Purchases In Cash Had Come Up For Consideration Before This Bench In The Case Of Ramnagar Pachwai & C.S. (Shop) Vs Ito Vide Ita No.148/Kol/2015 & 185&186/Kol/2014 For A.Y.2007-08 & 2008-09

For Appellant: NoneFor Respondent: Shri.Ambitab Bhattacharya JCIT
Section 22Section 40A(3)Section 85Section 86

…IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH : KOLKATA [Before Hon’ble Sri N.V.Vasudevan, JM] I.T.A No. 794/Kol/2014 Assessment Year : 2010-11 Smt. Bimala Bala Mondal -vs.- I.T.O., Ward-1(4) Burdwan Durgapur [PAN : AEAPM 9753 N] ] (Respondent) (Appellant) For the Appellant : None For the Respondent : Shri.Ambitab Bhattacharya JCIT Date of Hearing : 23.08.2016 Date of Pronouncement : 02.09.2016. ORDER This is an appeal by the Assessee against the order dated 5.2.2014 of CIT(A)- Durgapur, relating to AY 2010-11. 2. The Assessee is an individual. He is a dealer in country spirits. Purchases are made from a…