Swadeshi Cotton Mills Co. Ltd. v. ITO 1976 CTR

112 ITR 1038High Court1978#16487 most cited
5

judgments rely on this decision, according to BharatTax’s citation analysis of 348,615 Indian tax judgments — from 2017 to 2021.

Judgments citing Swadeshi Cotton Mills Co. Ltd. v. ITO 1976 CTR

ACIT, Central Circle- 5, New Delhi vs. Harvansh P Chawla, New Delhi

ITA 5858/DEL/2017[2009-10]Status: DisposedITAT Delhi26 Apr 2021AY 2009-10

Bench: Sh. Bhavnesh Sainidr. B. R. R. Kumar(Through Video Conferencing) Ita No. 5857/Del/2017 : Asstt. Year : 2008-09 Ita No. 5858/Del/2017 : Asstt. Year : 2009-10 Acit, Vs Sh. Harvansh P. Chawla, Central Circle-5, 707, Kailash Building, 26, K.G. New Delhi Marg, New Delhi-110001 (Appellant) (Respondent) Pan No. Addpc7559G Assessee By : Sh. Rohit Tiwari, Adv. Revenue By : Ms. Sunita Singh, Cit Dr Date Of Hearing: 21.01.2021 Date Of Pronouncement: 26.04.2021

For Appellant: Sh. Rohit Tiwari, AdvFor Respondent: Ms. Sunita Singh, CIT DR
Section 143(3)Section 14ASection 24

…howsoever strong, cannot take place of the material in support of findings of the AO. The AO should art in the judicial manner, proceed with the judicial spirit and come to a judicial conclusion. Swadeshi Cotton Mills Co. Ltd. vs. ITO 1976 CTR [All] 6: (1978) 112 ITR 1038 (All) and Dhakeshwari Cotton Mills Ltd. Vs. CIT (1954) 26 ITR 775 (SC) applied. In the light of facts and circumstances of the case, legal provision and judicial pronouncements, it is brought to your kind notice that the addition of Rs.28,00,00,000/- was made only on the basis of printout of emails exchange which was seized from the premises of…

ACIT, Central Circle- 5, New Delhi vs. Harvansh P Chawla, New Delhi

ITA 5857/DEL/2017[2008-09]Status: DisposedITAT Delhi26 Apr 2021AY 2008-09

Bench: Sh. Bhavnesh Sainidr. B. R. R. Kumar(Through Video Conferencing) Ita No. 5857/Del/2017 : Asstt. Year : 2008-09 Ita No. 5858/Del/2017 : Asstt. Year : 2009-10 Acit, Vs Sh. Harvansh P. Chawla, Central Circle-5, 707, Kailash Building, 26, K.G. New Delhi Marg, New Delhi-110001 (Appellant) (Respondent) Pan No. Addpc7559G Assessee By : Sh. Rohit Tiwari, Adv. Revenue By : Ms. Sunita Singh, Cit Dr Date Of Hearing: 21.01.2021 Date Of Pronouncement: 26.04.2021

For Appellant: Sh. Rohit Tiwari, AdvFor Respondent: Ms. Sunita Singh, CIT DR
Section 143(3)Section 14ASection 24

…howsoever strong, cannot take place of the material in support of findings of the AO. The AO should art in the judicial manner, proceed with the judicial spirit and come to a judicial conclusion. Swadeshi Cotton Mills Co. Ltd. vs. ITO 1976 CTR [All] 6: (1978) 112 ITR 1038 (All) and Dhakeshwari Cotton Mills Ltd. Vs. CIT (1954) 26 ITR 775 (SC) applied. In the light of facts and circumstances of the case, legal provision and judicial pronouncements, it is brought to your kind notice that the addition of Rs.28,00,00,000/- was made only on the basis of printout of emails exchange which was seized from the premises of…

M/S Mrinalini Biri Manufacturing Co., Kolkata vs. D.C.I.T., Circle-8(1), Kolkata

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

ITA 85/KOL/2020[2012-13]Status: DisposedITAT Kolkata16 Sept 2020AY 2012-13

Bench: Shri A. T. Varkey, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.85/Kol/2020 ("नधा"रणवष" / Assessment Year:2012-13)

For Appellant: Shri A. K. Tulsiyan, FCAFor Respondent: Shri Dhrubajyoti Roy, JCIT
Section 143(3)Section 36(1)(v)Section 37(1)Section 40

…here a provision was made. It arose out of the assessment year 1970-71 before the enactment of section 40A(7). These are the cases upon which the assessee had relied. Another case upon which the assessee relied was Swadeshi Cotton Mills Co. Ltd. v. ITO [1978] 112 ITR 1038 (All.). This case arose out of the assessment year 1973-74 to which the provision of section 40A(7) was applicable. The Allahabad High Court, however, took the view that bar created by the said provision did not apply since the conditions laid down had to be fulfilled in future. It did not take into consideration the provision of section 155(13)…

The ACIT Cen Cir-13, Mumbai vs. Shri Suresh V. Jain, Mumbai

Accordingly, ground raised by the revenue is dismissed

ITA 5091/MUM/2007[2005-2006]Status: DisposedITAT Mumbai10 Dec 2019AY 2005-2006

Bench: Shri S. Rifaur Rahman, Am & Shri Ram Lal Negi, Jm आयकरअपीलसं./ I.T.A. No. 5091/Mum/2007 (निर्धारणवर्ा / Assessment Year: 2005-06)

For Appellant: Shri L. K. S. DehiyaFor Respondent: ShriRajiv Khandelwal
Section 132(1)Section 153A

…t of findings of the Assessing Officer. The Assessing Officer should act in a judicial manner, proceed with a judicial spirit and come to a judicial conclusion, as held by Hon'ble Allahabad High court in thecase of Swadeshi Cotton Mills Co. Ltd. v. ITO [1978] 112 ITR 1038. While recognising that the Assessing Officer is not fettered by technical rules of evidence, Hon'ble Supreme Court laid down as early as in the case ofDhakeshwari Cotton Mills Ltd. v. CIT [1954] 26 ITR 775 56 I.T.A. No. 5091 & 4198/Mum/2007 & CO-261/Mum/2007 Shri Suresh V. Jain that the Assessing Officer has to act fairly as a reasonable perso…

The ACIT, Cicle -4(1), Indore vs. M/S. Narottamdas Enterprises Poddar Plaza, Indore

In the result, the appeal of the Revenue is dismissed

ITA 843/IND/2016[2009-10]Status: DisposedITAT Indore10 Jan 2017AY 2009-10

Bench: Shri D.T. Garasia & Shri O.P. Meena

Section 143(3)Section 147Section 148Section 16

…a settled law that book entries are not decisive as held by Supreme Court & other High Courts in various judgments reported in 82 ITR 363 at 367 (SC) ; 187 ITR 688 (SC); 188 ITR 402 (SC) ; 200 ITR 588 (SC); 189 ITR 406 (Bom) ; 166 ITR 797 at p. 802 (Cal); and 112 ITR 1038 (All). The fact remains that remittances were made through banking channels only i.e. RTGS and the amounts were debited to the account of the supplier i.e. M/s. Bharat Bidi Works, hence disallowance u/s 40A(3) of Income Tax Act,1961 cannot be made. These entries were not in the nature of "book adjustment" and various judgments referred to by the…