SH. JAI TEG SINGH,MOHALI vs. ITO, MOHALI

In the result, the appeal of the assessee is allowed

Bench: Shri Sanjay Garg & Ms. Annapurna Guptashri Jai Teg Singh, Vs. The Income Tax Officer, # 2431, Sector 79, Ward-6(2), Mohali. Mohali. Pan: Arjps5960R

2. The sole issue in the present appeal relates to disallowance of expenditure incurred in cash beyond the limits prescribed, as per the provisions of section 40A

M/S YASHODHA MOTORS PVT. LTD.,PATIALA vs. ACIT, CIRCLE, PATIALA

In the result, appeal of the Assessee is allowed

Bench: Smt. Diva Singh & Smt.Annapurna Guptaआयकर अपील सं./ Ita No.1601/Chd/2019 िनधा"रण वष" / Assessment Year : 2016-17

2. The solitary issue in the present appeal pertains to disallowance of interest paid on unsecured loans taken from specified persons holding the same to be in excess of the fair market rate ,as per section 40A

ASSTT.COMMISSIONER OF INCOME TAX, LUDHIANA vs. M/S MRS.BECTORS FOOD SPECILTIES LTD, LUDHIANA

Bench: Smt. Diva Singh & Dr. B.R.R. Kumar

40A(2)(b) of the Income-tax Act, 1961 despite being given ample opportunity to do so?” 7.4 As the matter stands adjudicated, following the ratio laid down which is squarely applicable to the appeals before us, the grounds raised by the Revenue on this issue are hereby dismissed. 8. Issue of disallowance of Section

ASSTT.COMMISSIONER OF INCOME TAX, LUDHIANA vs. M/S MRS.BECTORS FOOD SPECILTIES LTD, LUDHIANA

Bench: Smt. Diva Singh & Dr. B.R.R. Kumar

40A(2)(b) of the Income-tax Act, 1961 despite being given ample opportunity to do so?” 7.4 As the matter stands adjudicated, following the ratio laid down which is squarely applicable to the appeals before us, the grounds raised by the Revenue on this issue are hereby dismissed. 8. Issue of disallowance of Section

ASSTT.COMMISSIONER OF INCOME TAX, LUDHIANA vs. M/S MRS.BECTORS FOOD SPECILTIES LTD, LUDHIANA

Bench: Smt. Diva Singh & Dr. B.R.R. Kumar

40A(2)(b) of the Income-tax Act, 1961 despite being given ample opportunity to do so?” 7.4 As the matter stands adjudicated, following the ratio laid down which is squarely applicable to the appeals before us, the grounds raised by the Revenue on this issue are hereby dismissed. 8. Issue of disallowance of Section

ASSTT.COMMISSIONER OF INCOME TAX, LUDHIANA vs. M/S MRS.BECTORS FOOD SPECILTIES LTD, LUDHIANA

Bench: Smt. Diva Singh & Dr. B.R.R. Kumar

40A(2)(b) of the Income-tax Act, 1961 despite being given ample opportunity to do so?” 7.4 As the matter stands adjudicated, following the ratio laid down which is squarely applicable to the appeals before us, the grounds raised by the Revenue on this issue are hereby dismissed. 8. Issue of disallowance of Section

ASSTT.COMMISSIONER OF INCOME TAX, LUDHIANA vs. M/S MRS.BECTORS FOOD SPECILTIES LTD, LUDHIANA

Bench: Smt. Diva Singh & Dr. B.R.R. Kumar

40A(2)(b) of the Income-tax Act, 1961 despite being given ample opportunity to do so?” 7.4 As the matter stands adjudicated, following the ratio laid down which is squarely applicable to the appeals before us, the grounds raised by the Revenue on this issue are hereby dismissed. 8. Issue of disallowance of Section

ACIT, LUDHIANA vs. M/S MRS. BECTORS FOOD SPECIALTIES PVT. LTD., LUDHIANA

Bench: Smt. Diva Singh & Dr. B.R.R. Kumar

40A(2)(b) of the Income-tax Act, 1961 despite being given ample opportunity to do so?” 7.4 As the matter stands adjudicated, following the ratio laid down which is squarely applicable to the appeals before us, the grounds raised by the Revenue on this issue are hereby dismissed. 8. Issue of disallowance of Section

SANJEEV KUMAR KATHURIA,YAMUNA NAGAR vs. INCOME TAX OFFICER WARD 1 , YAMUNANAGAR

In the result, the appeal of the assessee is allowed

Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member), SHRI. PARESH M. JOSHI (Judicial Member)

2) and 142(1) were issued alongwith questionnaire, and after taking into consideration the submission filed by the assessee and carrying out the necessary verification/ examination, the assessment proceedings were completed under section 143(3) r.w.s 143(3A) &143(3B) of the Act, wherein the assessed income was determined at Rs. 88,44,429/- after making the disallowance under section

M/S APEX BUILDERS, LUDHIANA vs. ITO, W-2(1), LUDHIANA

The appeal is partly allowed

Bench: SHRI. LALIET KUMAR (Judicial Member)

disallowed the entire amount of Rs . 2,24,305 under the said section. 4.2 Further, the AO noted multiple instances of cash purchases exceeding Rs . 20,000/- made to the same party on the same day, in violation of section 40A

M/S LOTUS MACHINES PVT. LTD.,CHANDIGARH vs. ITO, W-1(2), CHANDIGARH

Appeal of the assessee is allowed

Bench: Shri Sanjay Garg & Smt.Annapurna Guptaआयकर अपील सं./ Ita No.487/Chd/2019 "नधा"रण वष" / Assessment Year : 2013-14

section which gives him power to disallow the excessive & unreasonable portion is sec 40A(2)(a). The relevant extract of this

M/S DIN DAYAL PURSOTAM LAL,SIRSA vs. PR.CIT, ROHTAK

Bench: SHRI A.D.JAIN (Vice President), SHRI VIKRAM SINGH YADAV (Accountant Member)

2. That the conclusion of learned Principal Commissioner of Income Tax that "the assessment order dated 21.12.2018 passed by the AO is erroneous in so far as it is prejudicial to the interests of the revenue to the extent of verification of purchases and examining of applicability of section 40A(3) against cash purchase" is based on fundamental misconception

M/S DIN DAYAL PURSOTAM LAL,SIRSA vs. PR.CIT, ROHTAK

Bench: SHRI A.D.JAIN (Vice President), SHRI VIKRAM SINGH YADAV (Accountant Member)

2. That the conclusion of learned Principal Commissioner of Income Tax that "the assessment order dated 21.12.2018 passed by the AO is erroneous in so far as it is prejudicial to the interests of the revenue to the extent of verification of purchases and examining of applicability of section 40A(3) against cash purchase" is based on fundamental misconception

M/S DIN DAYAL PURSOTAM LAL,SIRSA vs. PR.CIT, ROHTAK

Bench: SHRI A.D.JAIN (Vice President), SHRI VIKRAM SINGH YADAV (Accountant Member)

2. That the conclusion of learned Principal Commissioner of Income Tax that "the assessment order dated 21.12.2018 passed by the AO is erroneous in so far as it is prejudicial to the interests of the revenue to the extent of verification of purchases and examining of applicability of section 40A(3) against cash purchase" is based on fundamental misconception

A.K.MULTIMETALS PRIVATE LIMITED,MANDI GOBINDGARH vs. ACIT,CIRCLE, MANDI GOBIND GARH

In the result, appeal of the Assessee is allowed

section 40A(2)(b) of the Income-tax Act, 1961 (hereinafter referred to as ‘ the Act’ ). The AO observed that the replies submitted by the assessee revealed that no justification along with documentary evidence have been provided, which could substantiate the rationale of these payments. He, therefore, disallowed

AMAN THUKRAL,LUDHIANA vs. INCOME TAX OFFICER WARD 2(1), LUDHIANA , LUDHIANA

Accordingly, Additional Ground No. 1 is allowed for statistical

Bench: SHRI. LALIET KUMAR (Judicial Member), SHRI. KRINWANT SAHAY (Accountant Member)

section 40A(3) are not applicable in the case of appellant. 7. That the Ld. CIT(A), NFAC, Delhi has failed to appreciate that the Ld. AO has wrongly disallowed a sum of Rs. 67,500 being 1/3rd of car expenses of Rs. 202,500 incurred, actually paid and claimed by the appellant on flimsy grounds without properly appreciating

SH. SHER SINGH RANA,SOLAN vs. PR.CIT-1, CHANDIGARH

In the result, the appeal of the assessee is partly allowed in light of aforesaid directions

Bench: Smt.Diva Singh & Shri Vikram Singh Yadavआदेश/Order

40A(3) of the l.T.Act, 1961. And to avoid any disallowance, he has submitted fictitious documents (Ikrarnama) before the Assessing Officer claiming that the property of the father has been sold. As the AO has failed to consider this the order issued by the assessing officer is erroneous and prejudicial to the interest of the revenue. The assessee

SH. SUNIL KHULLAR,SAMRALA vs. DCIT, CIRCLE, KHANNA

In the result, the appeal of the assessee stands allowed

Bench: Shri Sanjay Garg & Shri Vikram Singh Yadavi.T.A. No.137/Chandi/2018 Assessment Year: 2013-14 Shri Sunil Khullar........................... ………................……............…..….. Appellant C/O Sat Parkash & Company, Ward No.7, H.No.10, Kang Mohalla, Samrala. [Pan:Azqpk0380E] Vs. Dcit, Circle-Khanna....................................................…..............……. Respondent Appearances By: Shri J. S. Bhasin, Advocate, Appeared On Behalf Of The Appellant. Shri Sarabjeet Singh, Cit, Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 27, 2022 Date Of Pronouncing The Order : December 30, 2022 Order

disallowance under section 40A(3) and in further enhancing the same by Rs.16,47,597/-. 5. That in the facts and circumstances of the case, the assessment ought to have been made by estimating the income after invoking section 145(3) when the books were found to be incomplete and incorrect, rather than making superfluously inflated additions

DCIT, CHANDIGARH vs. M/S KHANDELIA OIL & GENERAL MILLS PVT. LTD., CHANDIGARH

In the result, Appeal of the Revenue and the Cross Appeal of the Assessee are partly allowed for statistical purposes

Bench: Shri Sanjay Garg & Dr. B.R.R. Kumar

disallowance under section 40A(2)(b): 5.1 Brief facts of the issue are that out of total interest on loan