POONAM MARWAHA,AMRITSAR vs. ACIT DCIT CEN CIR, AMRITSAR

In the result, the appeal filed by assessee is allowed

40A(3), read with section 263, of the Income-tax Act, 1961 and rule 6DD of\nIncome-tax Rules, 1962 - Business disallowance - Cash payment exceeding prescribed limit\n(Rule 6DD) - Assessment year 2013-14 - Assessee-company was engaged in business of\nmanufacturing of dairy products Assessee filed return and Assessing Officer passed\nassessment order after making certain additions - Principal

SHRI SURINDER KUMAR ,MANSA vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1, BATHINDA

In the result, appeal of the assessee is allowed for statistical purposes

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

section 40A(3) of Income Tax Act, without discussing the criterion of business expediency viz-a-viz Rule 6DD (a) to 6DD (I) of the I.T. Rules, 1962. 8. It is seen that the assessee had raised loans of Rs. 2,00,000/- from Shri Husan Kumar [APB 47-58], Rs. 2,50,000/- from Shri Parveen Kumar

THE INCOME TAX OFFICER, SAMBA vs. SH. ASHOK KUMAR SHARMA, SAMBA

In the result, the appeal of the revenue in Ground nos

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjeei.T.A. No.475/Asr/2016 Assessment Year: 2013-14

40A(3) amount to Rs. 8,38,000/-.Being aggrieved the assessee filed the appeal before the ld. CIT(A). The CIT(A) allowed the appeal of the assessee. Being aggrieved revenue filed an appeal before us. Ground No.1 4. In the ground no. 1 of the revenue, the DR vehemently argued and contended that

PUNEET SAHDEV,JAMMU vs. THE INCOME TAX OFFICER, JAMMU

Bench: Shri L. P. Sahu & Shri Ravish Sood

section 40A(3). All the provisions were duly complied with. As such, no disallowance was called for and similarly the worthy CIT(A) was also not justified in confirming the same without appreciating the facts of the case. Alternatively, the disallowance made is very high & excessive. 8. Further, the A.O has grossly erred in not allowing the deduction claimed

INCOME TAX OFFICER, JAMMU vs. SH. PUNEET SEHDEV, PROP., JAMMU

Bench: Shri L. P. Sahu & Shri Ravish Sood

section 40A(3). All the provisions were duly complied with. As such, no disallowance was called for and similarly the worthy CIT(A) was also not justified in confirming the same without appreciating the facts of the case. Alternatively, the disallowance made is very high & excessive. 8. Further, the A.O has grossly erred in not allowing the deduction claimed

SH. PUNEET SEHDEV PROP;,JAMMU vs. THE INCOME-TAX OFFICER,, JAMMU

Bench: Shri L. P. Sahu & Shri Ravish Sood

section 40A(3). All the provisions were duly complied with. As such, no disallowance was called for and similarly the worthy CIT(A) was also not justified in confirming the same without appreciating the facts of the case. Alternatively, the disallowance made is very high & excessive. 8. Further, the A.O has grossly erred in not allowing the deduction claimed

SH. PUNEET SEHDEV PROP,JAMMU vs. THE INCOME-TAX OFFICER, JAMMU

Bench: Shri L. P. Sahu & Shri Ravish Sood

section 40A(3). All the provisions were duly complied with. As such, no disallowance was called for and similarly the worthy CIT(A) was also not justified in confirming the same without appreciating the facts of the case. Alternatively, the disallowance made is very high & excessive. 8. Further, the A.O has grossly erred in not allowing the deduction claimed

SH. BASANT KUMAR,FAZILKA vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-II, BATHINDA

In the result, the assessee’s appeal is partly allowed

Bench: Sh. Sanjay Arora & Sh. N. K. Choudhryi.T.A. No. 514/(Asr)/2017 Assessment Year: 2014-15

section 37(1) (for any revenue expenditure generally), etc. The matter stands dealt with and explained at considerable length by the Tribunal per its special bench decision in ITO v. Kenaram Saha and Subhash Saha [2009] 116 ITD 1 (Kol)(SB); and more recently in Gurdas Garg v. Asst. CIT (in ITA No. 456/Asr/2013, dated 28/2/2014) (also referred

M/S. GRAND LILLY MOTELS LTD,,JALANDHAR vs. THE ADDITIONAL COMMISSIONER OF INCOME-TAX, RANGE-3, JALANDHAR

In the result, appeal of the assessee is allowed for statistical purposes

Bench: Shri N.K. Choudhry & Shri O.P.Meenaआ.अ.संसंसंसं././././I.T.A Nos.667 To 669 /Asr/2017 िनधा"रणवष"/A.Ys.:2010-11, 2011-12 & 2012-13 िनधा"रणवष" िनधा"रणवष" िनधा"रणवष" M/S. Grand Lilly Motels Limited, Vs. Assistant Commissioner Of 4, Model Town, Jalandhar Income Tax, Pan: Aabcj 4527 E Circle- Iii, Jalandhar अपीलाथ" अपीलाथ"Appellant अपीलाथ" अपीलाथ" ""यथ" ""यथ"/Respondent ""यथ" ""यथ"

68 days in filing of the appeal. The learned Lilly Motels Limited v. ACIT-Circle-Jalandhar /I.T.A. No. 667,668& 669/ASR/2017/A.Y.:10-11- 11-12& 12-13Page 2 of 6 counsel for the assessee filed an affidavit that he was fallen sick due to which he was admitted in hospital and therefore, the delay was caused in filing

M/S GRAND LILLY LIMITED ,JALANDHAR vs. ASSISTANT COMMISSIONER OF INCOME TAX, JALANDHAR

In the result, appeal of the assessee is allowed for statistical purposes

Bench: Shri N.K. Choudhry & Shri O.P.Meenaआ.अ.संसंसंसं././././I.T.A Nos.667 To 669 /Asr/2017 िनधा"रणवष"/A.Ys.:2010-11, 2011-12 & 2012-13 िनधा"रणवष" िनधा"रणवष" िनधा"रणवष" M/S. Grand Lilly Motels Limited, Vs. Assistant Commissioner Of 4, Model Town, Jalandhar Income Tax, Pan: Aabcj 4527 E Circle- Iii, Jalandhar अपीलाथ" अपीलाथ"Appellant अपीलाथ" अपीलाथ" ""यथ" ""यथ"/Respondent ""यथ" ""यथ"

68 days in filing of the appeal. The learned Lilly Motels Limited v. ACIT-Circle-Jalandhar /I.T.A. No. 667,668& 669/ASR/2017/A.Y.:10-11- 11-12& 12-13Page 2 of 6 counsel for the assessee filed an affidavit that he was fallen sick due to which he was admitted in hospital and therefore, the delay was caused in filing

M/S PARADISE MULTIPLEX CUM VILLAS. PVT. LTD,ABOHAR vs. INCOME TAX OFFICER WARD-II(3), ABOHAR

In the result, the appeals of assessee bearing ITA No

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

68 of the Income Tax Act. 9. On the facts & in the circumstances of the case and in law, the Ld. Commissioner of Income Tax (Appeals) has erred in confirming the high-pitched assessment made by the Assessing Officer by making addition of Rs. 6,72,99,721/- against Nil returned income without affording proper and reasonable opportunity

M/S PARADIES MULTIPLEXS CUM VILLAS PVT LTD ,ABHOAR vs. INCOME TAX OFFICER WARD 2(3) , ABOHAR

In the result, the appeals of assessee bearing ITA No

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

68 of the Income Tax Act. 9. On the facts & in the circumstances of the case and in law, the Ld. Commissioner of Income Tax (Appeals) has erred in confirming the high-pitched assessment made by the Assessing Officer by making addition of Rs. 6,72,99,721/- against Nil returned income without affording proper and reasonable opportunity

MEASAGE. HARYANA PLAST PRIVATE LIMITED,HOSHIARPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX -1, JALANDHAR

In the result, appeal of the assessee is allowed

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

68 of the Income Tax Act, 1961 effective from the assessment year 2013-14 vide which it has been mandated that such sums shall treated as explained only when the nature and source of funds is also explained by the recipient assessee company in the hands of the shareholder.” 4. The ld. AR placed that during the assessment

THE DY. COMMISSIONER OF INCOME-TAX,, JAMMU vs. M/S. CONTINENTAL CONSTRUCTION CO,, JAMMU ( J&K)

In the result, the appeal filed by the assessee is allowed as well as the appeal filed the Revenue Department is dismissed and Cross Objection also stands disposed off

Bench: Sh. Sanjay Arora & Sh. N.K.Choudhryita No.38(Asr)/2013 Assessment Year:2009-10

40A(3) and 40(a)(ia) of the Act respectively. Recently, the ITAT Amritsar Bench, at Amritsar, in the case of ITO v. Nikhil Infra-Tech Ltd. in ITA No.272(Asr)/2017, in the similar and identical circumstances estimated the Net profit rate @ 5% of the turn over and further affirmed the deletion of disallowance on account of depreciation

M/S. CONTINENTAL CONSTRUCTION CO.,,JAMMU vs. THE DY. COMMISSIONER OF INCOME-TAX (HQRS), JAMMU

In the result, the appeal filed by the assessee is allowed as well as the appeal filed the Revenue Department is dismissed and Cross Objection also stands disposed off

Bench: Sh. Sanjay Arora & Sh. N.K.Choudhryita No.38(Asr)/2013 Assessment Year:2009-10

40A(3) and 40(a)(ia) of the Act respectively. Recently, the ITAT Amritsar Bench, at Amritsar, in the case of ITO v. Nikhil Infra-Tech Ltd. in ITA No.272(Asr)/2017, in the similar and identical circumstances estimated the Net profit rate @ 5% of the turn over and further affirmed the deletion of disallowance on account of depreciation