Sri Renukeswara Rice Mills v. ITO

M/S. GUNNY DEALERS LTD. ,KOLKATA vs. ITO, TECH-1, KOLKATA, KOLKATA

In the result, the appeal of the assessee is treated as partly allowed

Bench: Shri Sanjay Garg & Shri Rakesh Mishrai.T.A. No.1373/Kol/2023 Assessment Years: 2012-13 M/S Gunny Dealers Ltd…………………....................…...……………....Appellant C/O Subash Agarwal & Associates, Advocates Siddha Gibson, 1, Gibson Lane, Suite 213, 2Nd Floor, Kolkata – 700069. [Pan: Aabcg0019R] Vs. Ito, Tech-1, Kolkata………….……………............................…..…..... Respondent Appearances By: Shri Siddharth Agarwal, Advocate, Appeared On Behalf Of The Assessee. Shri P. P. Barman, Addl. Cit-Sr. Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : April 30, 2024 Date Of Pronouncing The Order : June 27, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 28.11.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Has Taken The Following Grounds Of Appeal: “1. For That On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Ought To Haye Considered That The Order U/S 143(3) Was Passed By An Authority Who Lacks Jurisdiction Over The Appellant & As Such, The Said Order Is Bad In Law & Is Liable To Be Quashed. 2. For That On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Was Not Justified In Confirming The Disallowance Of

…alcutta High Court in the case of CIT vs. CPL Tannery 175 Taxman 316 Case laws on 40A(3) - Payments made through agents (a) DCIT vs. Hind Industries Ltd. 120 TTJ 505 (Del.) (b) Gamidiwala Dairy vs. ACIT 136 TTJ 33 (U.0.) (c) Sri Renukeswara Rice Mills vs. ITO 93 ITD 263 (Bangalore) (d) DCIT vs. Allied Leather Finishers (P) Ltd. 32 SOT 549 (Luck) 7. The ld. DR, on the other hand, has relying upon the findings of both the lower authorities has submitted that almost 94% of the purchases were made in cash. That in respect of sundry creditors, the payment was shown in the books but remain unpaid. He referred to page 1…

ABHISHEK SAHA,HOOGHLY vs. ACIT, CIR. 23(1), HOOGHLY

In the result, appeal of the assessee is allowed

Bench: Shri Rajpal Yadav, Hon’Ble & Shri Girish Agrawal, Hon’Bleassessment Years: 2017-18 Abhishek Saha Asstt. Commissioner Of Vs. 24, Lenin Sarani, Mallickpara Income Tax, Circle-23(1), Hooghly - 712203 Kolkata [Pan: Bvhps3605N] (Appellant) (Respondent) Assessee By : Shri U. Dasgupta, Advocate Revenue By : Shri P.P. Barman, Addl. Cit सुनवाई की तारीख/Date Of Hearing : 15/03/2023 घोषणा की तारीख/Date Of Pronouncement : 31/03/2023 O R D E R Per Girish Agrawal: This Appeal By The Assessee Is Directed Against The Order Passed By The National Faceless Appeal Centre, Delhi, (Hereinafter The “Ld. Cit(A)”) Dated 23/12/2021 For Assessment Year 2017-18 Against The Assessment Order Passed U/S 143(3) Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Passed By Acit, Circle-23(1), Hooghly, Dated 07/11/2019. Assessee Has Placed On Record Revised Grounds Of Appeal For Which 2. Ld. Counsel For The Assessee Gave Assurance To The Bench That There Are No New Grounds Taken While Revising The Grounds. These Are Merely To Summarize & Concise The Grounds Originally Taken By The Assessee.

…ction 40A(3) of the Act to the cash payments when ultimately such amounts were deposited in the bank of the payee. Also, the Co-ordinate Bench of ITAT Bangalore in the case of Sri Renukeshwara 6 Assessment Years: 2017-18 Abhishek Saha Rice Mills V ITO (2005) 93 ITD 263, held that cash payment in the bank account of payee is sufficient to get exemptions in terms of Rule 6DD inasmuch as it is ensured that payee alone receives the payment and to ensure that the payment is routed through bank channel so as to trace the origin and conclusion of the transactions is traceable thereby fulfilling the criterion of introdu…

M/S BIRGIRI C. S. SHOP,PURULIA vs. ITO, WD-3(2), PURULIA, PURULIA

In the result, the appeal of assesse is partly allowed

…ed to the wholesaler through adjustment in the Personal Ledger Account maintained for privilege fee.” 14. We find that the reliance placed on the decision of Co-ordinate Bench of Bangalore Tribunal in the case of Sri Renukeswara Rice Mills vs ITO reported in 93 ITD 263 (Bang Trib.) is well founded , wherein, it was held that the cash payment in the bank account of the payee is sufficient to get exemption in terms of Rule 6DD in as much it is ensured that the payee and payee alone receives the payment and the origin and conclusion of the transaction is traceable thereby fulfilling the criterion for ensuring the o…

M/S TOPSI KENDA C. S. SHOP,BURDWAN vs. ITO, WD-1(3), ASANSOL, ASANSOL

In the result, the appeal of the assessee is partly allowed

Bench: Hon’Ble Shri Aby. T. Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No. 1264/Kol/2016 Assessment Year : 2010-11 M/S Topsi Kenda C.S. Shop -Vs- Ito, Ward-1(3), Asansol [Pan: Aabft 9317 L ] (Appellant) (Respondent)

…IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH : KOLKATA [Before Hon’ble Shri Aby. T. Varkey, JM & Shri M.Balaganesh, AM ] I.T.A No. 1264/Kol/2016 Assessment Year : 2010-11 M/s Topsi Kenda C.S. Shop -vs- ITO, Ward-1(3), Asansol [PAN: AABFT 9317 L ] (Appellant) (Respondent) For the Appellant : Shri R.N. Ram, Advocate For the Respondent : Shri Sallong Yaden, Addl. CIT, Sr. DR Date of Hearing : 11.07.2018 Date of Pronouncement : 13.07.2018 ORDER Per M.Balaganesh, AM 1. This appeal by the Assessee arises out of the order of the Learned Commissioner of Income Tax(Appeals)-Asansol [in short the ld CIT(A)]…

ITO, WARD - 3(2), PURULIA, PURULIA vs. M/S BIRGIRI C.S. SHOP, PURULIA

In the result, the appeal of the revenue is dismissed

Bench: Hon’Ble Shri S.S. Godara, Jm & Shri M.Balaganesh, Am ] I.T.A No. 794/Kol/2017 Assessment Year : 2008-09 Ito, Ward-3(2), Purulia -Vs- M/S Birgiri C.S. Shop [Pan: Aaffb 8532 P ] (Appellant) (Respondent)

…IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH : KOLKATA [Before Hon’ble Shri S.S. Godara, JM & Shri M.Balaganesh, AM ] I.T.A No. 794/Kol/2017 Assessment Year : 2008-09 ITO, Ward-3(2), Purulia -vs- M/s Birgiri C.S. Shop [PAN: AAFFB 8532 P ] (Appellant) (Respondent) For the Appellant : Shri A Bhattacharjee, Addl. CIT For the Respondent : Shri R.N. Ram. Date of Hearing : 12.06.2018 Date of Pronouncement : 04.07.2018 ORDER Per M.Balaganesh, AM 1. This appeal by the Revenue arises out of the order of the Learned Commissioner of Income Tax(Appeals)-Asansol [in short the ld CIT(A)] in Appeal No. 278/CIT(A)/…

ITO, WD-2(2), DURGAPUR, DURGAPUR vs. PRAVAT KUMAR GUPTA, DURGAPUR

In the result, the appeal of the revenue is dismissed

Bench: Hon’Ble Shri M.Balaganesh, Am & Hon’Ble Shri S.S.Viswanethra Ravi, Jm] I.T.A No. 1015/Kol/2016 Assessment Year : 2011-12 Ito, Ward-2(2), Durgapur -Vs- Pravat Kumar Gupta [Pan: Ahxpg 4117 A] (Appellant) (Respondent)

…IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH : KOLKATA [Before Hon’ble Shri M.Balaganesh, AM & Hon’ble Shri S.S.Viswanethra Ravi, JM] I.T.A No. 1015/Kol/2016 Assessment Year : 2011-12 ITO, Ward-2(2), Durgapur -vs- Pravat Kumar Gupta [PAN: AHXPG 4117 A] (Appellant) (Respondent) For the Appellant : Shri Arindam Bhattacharjee, Addl. CIT For the Respondent : None Date of Hearing : 11.01.2018 Date of Pronouncement : 02.02.2018 ORDER Per M.Balaganesh, AM 1. This appeal by the Revenue arises out of the order of the Learned Commissioner of Income Tax(Appeals)-Durgapur [in short the ld CIT(A)] in Appeal No.3…

ITO, WD-1(4), DURGAPUR, DURGAPUR vs. SRI SUDHIR KUMAR MONDAL, BURDWAN

In the result, the appeal of the revenue is dismissed and cross objection of the assessee is allowed

Bench: Hon’Ble Shri M.Balaganesh, Am & Shri S.S.Viswanethra Ravi, Jm] I.T.A No. 501/Kol/2015 Assessment Year : 2010-11 Ito, Ward-1(4), Durgapur -Vs- Shri Sudhir Kumar Mondal, L/H Smt. Laxmi Rani Mondal [Pan: Akdpm 5623 Q] (Appellant) (Respondent)

…ded to the wholesaler through adjustment in the Personal Ledger Account maintained for privilege fee.” 7. We find that the reliance placed on the decision of Co-ordinate Bench of Bangalore Tribunal in the case of Sri Renukeswara Rice Mills vs ITO reported in 93 ITD 263 (Bang Trib.) is well founded , wherein, it was held that the cash payment in the bank account of the payee is sufficient to get exemption in terms of Rule 6DD in as much it is ensured that the payee and payee alone receives 6 7 ITA No.501/Kol/2015& C.O. No. 24/Kol/2015 Sudhir Kumar Mondal A.Yr.2010-11 the payment and the origin and conclusion of…

ITO, WD-2(3), DURGAPUR, DURGAPUR vs. M/S KAJORA PACHAI & C. S. SHOP, BURDWAN

In the result, all the appeals of assessee are allowed

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri M.Balaganesh, Am ] I.T.A No. 502/Kol/2015 Assessment Year : 2010-11 Ito, Ward-2(3), Durgapur -Vs- M/S Kajora Pachai & C.S. Shop [Pan: Aagfk 2341 E] (Appellant) (Respondent)

…ed to the wholesaler through adjustment in the Personal Ledger Account maintained for privilege fee." 14. We find that the reliance placed on the decision of Co-ordinate Bench of Bangalore Tribunal in the case of Sri Renukeswara Rice Mills vs ITO reported in 93 ITD 263 (Bang Trib.) 5 6 Kajora Pachai & C.S. Shop A.Yr.2010-11 is well founded , wherein, it was held that the cash payment in the bank account of the payee is sufficient to get exemption in terms of Rule 6DD in as much it is ensured that the payee and payee alone receives the payment and the origin and conclusion of the transaction is traceable thereby…

ITO, WARD - 2(2), ASANSOL , ASANSOL vs. NABA KUMAR MANDAL, BURDWAN

In the result, appeal of revenue is dismissed

Bench: "ी ऐ. ट". वक", "यायीक सद"य एवं/And डॉ. अजु"न लाल सैनी, लेखा सद"य) [Before Shri A. T. Varkey, Jm & Dr. A. L. Saini, Am]

…ed to the wholesaler through adjustment in the Personal Ledger Account maintained for privilege fee.” 14. We find that the reliance placed on the decision of Co-ordinate Bench of Bangalore Tribunal in the case of Sri Renukeswara Rice Mills vs ITO reported in 93 ITD 263 (Bang Trib.) is well founded , wherein, it was held that the cash payment in the bank account of the payee is sufficient to get exemption in terms of Rule 6DD in as much it is ensured that the payee and payee alone receives the payment and the origin and conclusion of the transaction is traceable thereby fulfilling the criterion for ensuring the o…

M/S RAMNAGAR PACHAI & C. S. (S) SHOP,BURDWAN vs. ITO, WD-2(3), ASANSOL, ASANSOL

In the result, the appeal of the assessee is partly allowed

Bench: Shri M. Balaganesh, Am & Shri S. S. Viswanethra Ravi, Jm]

…ded to the wholesaler through adjustment in the Personal Ledger Account maintained for privilege fee.” 7. We find that the reliance placed on the decision of Co-ordinate Bench of Bangalore Tribunal in the case of Sri Renukeswara Rice Mills vs ITO reported in 93 ITD 263 (Bang Trib.) is well founded , wherein, it was held that the cash payment in the bank account of the payee is sufficient to get exemption in terms of Rule 6DD in as much it is ensured that the payee and payee alone receives the payment and the origin and conclusion of the transaction is traceable thereby fulfilling the criterion for ensuring the o…

M/S SHIBPUR PACHAI SHOP,BURDWAN vs. ITO, WD-1(4), ASANSOL, ASANSOL

In the result the appeal by the assessee is allowed

Bench: Hon’Ble Sri N.V.Vasudevan, Jm] I.T.A No. 340/Kol/2014 Assessment Year : 2008-09

…IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH : KOLKATA [Before Hon’ble Sri N.V.Vasudevan, JM] I.T.A No. 340/Kol/2014 Assessment Year : 2008-09 M/s. Shibpur Pachai Shop -vs.- I.T.O., Ward-1(4) Burdwan. Asansol [PAN: AAMFS 4463 P] (Respondent) (Appellant) For the Appellant Shri U.Dasgupta, Advocate For the Respondent : Shri.Divakar Chakraborthy JCIT Date of Hearing : 1.9.2016 Date of Pronouncement : 19.10.2016. ORDER Per N.V.Vasudevan, JM This is an appeal by the Assessee against the order dated 9.12.2013 of CIT(A)- Asansol, relating to AY 2008-09. 2. The Assessee is an individual. He is a dealer in cou…

SRIKANTA MONDAL,BURDWAN vs. ITO, WD-2(2), ASANSOL, BURDWAN

In the result the appeal by the assessee is allowed

Bench: Hon’Ble Sri N.V.Vasudevan, Jm] I.T.A No. 333/Kol/2014 Assessment Year : 2010-11 Srikanta Mondal -Vs.- I.T.O., Ward-2(2) Burdwan Asansol [Pan : Agxpm 6698 K] (Appellant) (Respondent)

…IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH : KOLKATA [Before Hon’ble Sri N.V.Vasudevan, JM] I.T.A No. 333/Kol/2014 Assessment Year : 2010-11 Srikanta Mondal -vs.- I.T.O., Ward-2(2) Burdwan Asansol [PAN : AGXPM 6698 K] (Appellant) (Respondent) For the Appellant : Shri U.Dasgupta, Advocate For the Respondent : Shri.Divakar Chakraborthy JCIT Date of Hearing : 1.9.2016 Date of Pronouncement : 19.10.2016 ORDER This is an appeal by the Assessee against the order dated 17.12.2013 of CIT(A)- Asansol, relating to AY 2010-11. 2. The Assessee is an individual. He is a dealer in country spirits. Purchases are…

SMT BIMALA BALA MONDAL,BURDWAN vs. ITO, WD-1(4), DURGAPUR, DURGAPUR

In the result the appeal by the assessee is allowed

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

…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…

MOTOR CH. MONDAL,ASANSOL vs. ITO, WD-2(2), ASANSOL, ASANSOL

In the result the appeal by the assessee is allowed

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Dr.Arjun Lal Saini, Am] I.T.A No. 200/Kol/2014 Assessment Year : 2009-10 Motor Ch. Mondal -Vs.- I.T.O., Ward-2(2) Sahid Khudi Ram Sarani Asansol Neamatpur, P.O.Sitarampur-713359 [Pan : Afapm 9913K] (Respondent) (Appellant) For The Appellant : Shri U.Dasgupta, Advocate For The Respondent : Shri.Rajat Kumar Kureel(Dr) Date Of Hearing : 11.08.2016 Date Of Pronouncement : 02.09.2016. Order Per N.V.Vasudevan, Jm

…IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH : KOLKATA [Before Hon’ble Sri N.V.Vasudevan, JM & Dr.Arjun Lal Saini, AM] I.T.A No. 200/Kol/2014 Assessment Year : 2009-10 Motor Ch. Mondal -vs.- I.T.O., Ward-2(2) Sahid Khudi Ram Sarani Asansol Neamatpur, P.O.Sitarampur-713359 [PAN : AFAPM 9913K] (Respondent) (Appellant) For the Appellant : Shri U.Dasgupta, Advocate For the Respondent : Shri.Rajat Kumar Kureel(DR) Date of Hearing : 11.08.2016 Date of Pronouncement : 02.09.2016. ORDER Per N.V.Vasudevan, JM This is an appeal by the Assessee against the order dated 25.11.2013 of CIT(A)- Asansol, relating to AY 2…

NABA KUMAR MONDAL,ASANSOL vs. ITO, WD-2(2), ASANSOL, ASANSOL

In the result the appeal by the assessee is allowed

…IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH : KOLKATA [Before Hon’ble Sri N.V.Vasudevan, JM & Dr.Arjun Lal Saini, AM] I.T.A No. 164/Kol/2014 Assessment Year : 2010-11 Naba Kumar Mondal -vs.- I.T.O., Ward-2(2) Prop.Sanctoria (S)C.S.Shop Asansol Dishergarh [PAN : AFDPM 2235 B] (Respondent) (Appellant) For the Appellant : Shri U.Dasgupta, Advocate For the Respondent : None(DR) Date of Hearing : 09.08.2016 Date of Pronouncement : 12.08.2016. ORDER Per N.V.Vasudevan, JM This is an appeal by the Assessee against the order dated 09.12.2013 of CIT(A)- Asansol relating to AY 2010-11. 2. The Assessee is an individ…