TRANSPORT (EASTERN INDIA) LTD. v. CIT

382 ITR 337High Court2016#17801 most cited
5

judgments rely on this decision, according to BharatTax’s citation analysis of 350,364 Indian tax judgments — from 2020 to 2025.

Sections most often in play

Section 132Section 133ASection 153ASection 234BSection 234CSection 40(a)(ia)Section 40A(3)Section 139(1)

Issues it is cited on

section 40(a)(3)section 40a(ia)business expediencysection 40a(3)section 194csection 40asection 40(a)section 153dsection 40(a)(ia)section 132asection 234bsection 40

Judgments citing TRANSPORT (EASTERN INDIA) LTD. v. CIT

M/S. Amrut Distilleries Private Limited, Bengaluru vs. Deputy Commissioner of Income Tax, Central Circle-1(1), Bangalore

In the result, appeals filed by the assessee are treated as allowed for statistical purposes

ITA 950/BANG/2023[2017-18]Status: DisposedITAT Bangalore28 Jan 2025AY 2017-18

Bench: Shri. Laxmi Prasad Sahuandshri. Soundararajan K

For Appellant: Shri. Prateek P, CAFor Respondent: Shri. Sridhar E, CIT(DR)(ITAT), Bangalore
Section 133ASection 40A(3)

…payments. Reliance is placed on the decision of the Hon’ble Supreme Court in Attar Singh Gurmukh Singh v. ITO [1991] 191 ITR 667 (SC), which was also cited by the Hon’ble Rajasthan High Court in ITA No.948 to 950/Bang/2023 Page 19 of 23 CIT vs. The Solution (382 ITR 337), where their Lordships, cited the observations of the Hon’ble Supreme Court observed thus: "The terms of section 40A(3) are not absolute. Consideration of business expediency and other relevant factors are not excluded. Genuine and bona fide transactions are not taken out of the sweep of the section. It is open to the assessee to furnish to the…

M/S. Amrut Distilleries Private Limited, Bangalore vs. Deputy Commissioner of Income Tax, Central Circle-1(1), Bangalore

In the result, appeals filed by the assessee are treated as allowed for statistical purposes

ITA 949/BANG/2023[2016-17]Status: DisposedITAT Bangalore28 Jan 2025AY 2016-17

Bench: Shri. Laxmi Prasad Sahuandshri. Soundararajan K

For Appellant: Shri. Prateek P, CAFor Respondent: Shri. Sridhar E, CIT(DR)(ITAT), Bangalore
Section 133ASection 40A(3)

…payments. Reliance is placed on the decision of the Hon’ble Supreme Court in Attar Singh Gurmukh Singh v. ITO [1991] 191 ITR 667 (SC), which was also cited by the Hon’ble Rajasthan High Court in ITA No.948 to 950/Bang/2023 Page 19 of 23 CIT vs. The Solution (382 ITR 337), where their Lordships, cited the observations of the Hon’ble Supreme Court observed thus: "The terms of section 40A(3) are not absolute. Consideration of business expediency and other relevant factors are not excluded. Genuine and bona fide transactions are not taken out of the sweep of the section. It is open to the assessee to furnish to the…

M/S. Amrut Distilleries Private Limited, Bengaluru vs. Deputy Commissioner of Income Tax, Central Circle-1(1), Bangalore

In the result, appeals filed by the assessee are treated as allowed for statistical purposes

ITA 948/BANG/2023[2015-16]Status: DisposedITAT Bangalore28 Jan 2025AY 2015-16

Bench: Shri. Laxmi Prasad Sahuandshri. Soundararajan K

For Appellant: Shri. Prateek P, CAFor Respondent: Shri. Sridhar E, CIT(DR)(ITAT), Bangalore
Section 133ASection 40A(3)

…payments. Reliance is placed on the decision of the Hon’ble Supreme Court in Attar Singh Gurmukh Singh v. ITO [1991] 191 ITR 667 (SC), which was also cited by the Hon’ble Rajasthan High Court in ITA No.948 to 950/Bang/2023 Page 19 of 23 CIT vs. The Solution (382 ITR 337), where their Lordships, cited the observations of the Hon’ble Supreme Court observed thus: "The terms of section 40A(3) are not absolute. Consideration of business expediency and other relevant factors are not excluded. Genuine and bona fide transactions are not taken out of the sweep of the section. It is open to the assessee to furnish to the…

Shri Shamjibhai Jivabhai Balasara, Madhapar Village, Bhuj-Kutch vs. The ITO Ward-1, Bhuj-Kutch

In the result, the ground of the assessee's appeal is allowed

ITA 225/RJT/2022[2014-15]Status: DisposedITAT Rajkot08 Dec 2023AY 2014-15

Bench: Ms Suchitra Kamble & Shri Waseem Ahmedआयकरअपीलसं./Ita No. 225/Rjt/2022 धििाधरणणवध/Asstt. Year:2014-2015

For Appellant: Shri D.M Rindani, with Ms Devina Patel, A.RsFor Respondent: Shri Ashish Kumar Pandey, Sr. DR
Section 143(3)Section 40A(3)

…relevant consideration for which section 40A(3) has been brought on the statute books and which has been satisfied in the instant case. Similar view has been taken by the Hon'ble Rajasthan High Court in case of CIT v. Solution [2017] 80 taxmann.com 246/[2016] 382 ITR 337 wherein it was held as under: A.Y. 2014-15 4 '11. The Appellate Authorities have relied upon the judgment rendered in the case of Attar Singh Gurmukh Singh v. ITO [1991] 191 ITR 667/59 Taxman 11 (SC), where the hon'ble apex court has observed as under (page 673) : "The terms of section 40A(3) are not absolute. Consideration of business expediency…

M/S Nam Estates Pvt. Ltd vs. The Income Tax Officer

In the result, we do not find any merit in this

ITA/32/2013HC Karnataka07 Sept 2020

Bench: ALOK ARADHE,H.T. NARENDRA PRASAD

Section 133ASection 143(3)Section 260Section 260ASection 40ASection 40A(3)

…ATYANARAYANA OIL MILL VS. CIT’, (2014) 367 ITR 200 (AP), ‘SMT.HARSHILA CHORDIA VS. INCOME-TAX OFFICER’, (2008) 298 ITR 349 (RAJ), ‘WALFORD TRANSPORT (EASTERN INDIA) LTD. VS CIT’, (1999) 240 ITR 902 (GAU.), ‘CIT VS. THE SOLUTION’, (2016) 382 ITR 337 (RAJ), ‘ANUPAM TELE SERVICES VS. ITO’, (2014) 366 ITR 122 (GUJ), ‘HONEY ENTERPRISES VS. CIT’, (2016) 236 TAXMAN 519 (DEL), ‘GIRIDHARILAL GOENKA VS. CIT’, (1986) 179 ITR 122 (CAL), ‘R.C.GOEL VS. CIT’, (2013) 213 TAXMAN 305 (DEL), ‘HOTEL NAGAS PVT. LTD. VS. CIT’, 2016-TIOL-1012-HC- MAD-IT, ‘KAMATH MARBLES VS. ITO’, (2003) 260 ITR 470 (KER.),…

TRANSPORT (EASTERN INDIA) LTD. v. CIT (382 ITR 337) — Cited in 5 Judgments | BharatTax