DCIT,C-11(1), NEW DELHI vs. HERO MOTOCORP LTD.,, NEW DELHI

Appeal of the Revenue is dismissed

Bench: Shri Narendra Kumar Billaiya & Shri Kul Bharat

section 40A (2), disallowance on ground of excessive purchase price could not have been made under that section. Further, the Tribunal

DCIT, NEW DELHI vs. M/S SAHARA INDIA MASS COMMUNICATION LTD., MUMBAI

In the result, appeals filed by the Revenue are partly allowed

Bench: Shri S. Rifaur Rahman & Shri Vimal Kumar

section 40a(ia) vide the Finance Act 2014, w.e.f. 01.04.2015 wherein the disallowance of expenditure was reduced from 100% to 30% in cases

DCIT, NEW DELHI vs. M/S SAHARA INDIA MASS COMMUNICATION LTD., MUMBAI

In the result, appeals filed by the Revenue are partly allowed

Bench: Shri S. Rifaur Rahman & Shri Vimal Kumar

section 40a(ia) vide the Finance Act 2014, w.e.f. 01.04.2015 wherein the disallowance of expenditure was reduced from 100% to 30% in cases

DCIT, NEW DELHI vs. M/S SAHARA INDIA MASS COMMUNICATION LTD., MUMBAI

In the result, appeals filed by the Revenue are partly allowed

Bench: Shri S. Rifaur Rahman & Shri Vimal Kumar

section 40a(ia) vide the Finance Act 2014, w.e.f. 01.04.2015 wherein the disallowance of expenditure was reduced from 100% to 30% in cases

SHAKTI SINGH GULIA,BAHADURGARH vs. ITO, WARD- 4, ROHTAK

In the result, the appeal of the assessee for Assessment Year

Bench: Shri Chandra Mohan Garg & Shri Pradip Kumar Kedia

Section 40A(3) of the Act. 6. Aggrieved by the disallowance made under Section 40A(3), the assessee preferred appeal

SHAKTI SINGH GULIA,BAHADURGARH vs. ITO, WARD- 4, ROHTAK

In the result, the appeal of the assessee for Assessment Year

Bench: Shri Chandra Mohan Garg & Shri Pradip Kumar Kedia

Section 40A(3) of the Act. 6. Aggrieved by the disallowance made under Section 40A(3), the assessee preferred appeal

THE COMMISSIONER OF INCOME TAX vs. M/S V.R.V. BREWERIES & BOTTELI

Bench: HON'BLE MR. JUSTICE SANJAY KISHAN KAUL,HON'BLE MR. JUSTICE RAJIV SHAKDHER

disallowance by invoking both the provisions, that is, sections 40A(2)(a) and Section 35A. The result was that the disallowances

THE COMMISSIONER OF INCOME TAX vs. M/S VRV BREWERIES & BOTTELING

Bench: HON'BLE MR. JUSTICE SANJAY KISHAN KAUL,HON'BLE MR. JUSTICE RAJIV SHAKDHER

disallowance by invoking both the provisions, that is, sections 40A(2)(a) and Section 35A. The result was that the disallowances

KEDAR NATH SAWHNEY ,DELHI vs. ACIT CIRCLE-34(1), NEW DELHI

In the result, the appeal filed by the assessee is allowed

disallowed by virtue of Section 40A(3) of the Act because the same were made in cash. 30. Section 40A

HERO MOTO CORP LTD.,NEW DELHI vs. NEAC, DELHI

Bench: Shri Kul Bharat & Shri Prashant Maharishi(Through Video Conferencing)

section 40A (2), disallowance on ground of excessive purchase price could not have been made under that section. Further, the Tribunal

J.D. WINES,GURGAON vs. ADDL. CIT, GURGAON

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

disallowance under sub- section (3) of section 40A shall be made and no payment shall be deemed to the profits

DAAWAT FOODS LTD.,NEW DELHI vs. ACIT, NEW DELHI

In the result, assessee’s appeal in ITA

Bench: Sh. Anil Chaturvedi & Sh. Kuldip Singh(Through Video Conferencing) & Daawat Foods Ltd., Vs. Acit, Unit No.134, 1St Floor, Central Circle – 19, Rectangle I, New Delhi Saket District Centre, Saket, New Delhi-110 017 Pan No. Aaccd 3698 N (Appellant) (Respondent) Assessee By Shri Ajay Vohra, Sr. Adv. Shri Rohit Jain, Adv. Ms. Deepashree Rao, C.A. Shri Vibhu Gupta, C.A. Revenue By Ms. Nidhi Srivastava, Cit-D.R Date Of Hearing: 17/12/2020 Date Of Pronouncement: 19/01/2021 Order Per Anil Chaturvedi, Am: Both The Appeals Filed By The Assessee Are Directed Against The Order Dated 28.03.2013 Of The Commissioner Of Income Tax (A)-Xxxiii, New Delhi Relating To Assessment Years 2007-08 & 2008-09. Ita Nos.4157 & 4158/Del/2013 Daawat Foods Ltd Vs. Acit A.Y. 2007-08 & 2008-09 2 2. The Relevant Facts As Culled From The Material On Records Are As Under:

disallowance under sub-section (3) of section 40A shall be made and no payment shall be deemed to be the profits

DAAWAT FOODS LTD.,NEW DELHI vs. ACIT, NEW DELHI

In the result, assessee’s appeal in ITA

Bench: Sh. Anil Chaturvedi & Sh. Kuldip Singh(Through Video Conferencing) & Daawat Foods Ltd., Vs. Acit, Unit No.134, 1St Floor, Central Circle – 19, Rectangle I, New Delhi Saket District Centre, Saket, New Delhi-110 017 Pan No. Aaccd 3698 N (Appellant) (Respondent) Assessee By Shri Ajay Vohra, Sr. Adv. Shri Rohit Jain, Adv. Ms. Deepashree Rao, C.A. Shri Vibhu Gupta, C.A. Revenue By Ms. Nidhi Srivastava, Cit-D.R Date Of Hearing: 17/12/2020 Date Of Pronouncement: 19/01/2021 Order Per Anil Chaturvedi, Am: Both The Appeals Filed By The Assessee Are Directed Against The Order Dated 28.03.2013 Of The Commissioner Of Income Tax (A)-Xxxiii, New Delhi Relating To Assessment Years 2007-08 & 2008-09. Ita Nos.4157 & 4158/Del/2013 Daawat Foods Ltd Vs. Acit A.Y. 2007-08 & 2008-09 2 2. The Relevant Facts As Culled From The Material On Records Are As Under:

disallowance under sub-section (3) of section 40A shall be made and no payment shall be deemed to be the profits

NIKHIL JAIN (L/H OF BEENA JAIN),NEW DELHI vs. ACIT CIRCLE-31(1), NEW DELHI

In the result, the appeal filed by the assessee is partly allowed

Bench: Shri R.K. Pandaassessment Year: 2016-17 Nikhil Jain Vs Acit, (L/H Of Beena Jain), Circle-31(1), H-41, Green Park Extn., New Delhi. New Delhi. Pan: Aagpj1088H (Appellant) (Respondent) Assessee By : Shri S. Krishnan, Advocate & Shri Puneet Rai, Ca Revenue By : Shri Sanjiv Mahajan, Sr. Dr Date Of Hearing : 27.01.2021 Date Of Pronouncement : 08.04.2021 Order

section 40A(3). Further, disallowance u/s 40A(3) is an absolute disallowance which is mandatory in nature unless the case

M/S. PEARL POLYMERS LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, appeal of the assessee is allowed partly for statistical purpose

Bench: Sh. H.S. Sidhu & Sh. O.P. Kantassessment Year: 2009-10 Vs. Deputy M/S. Pearl Polymers Ltd., 204, Commissioner Of Rohit House, 3, Tolstoy Marg, Income Tax, Circle-14(1), New New Delhi Delhi Pan : Aaacp0182F (Appellant) (Respondent) Appellant By Sh. R.K. Kapoor, Ca Respondent By Sh. F.R. Meena, Sr.Dr Date Of Hearing 24.08.2016 Date Of Pronouncement 18.11.2016 Order Per O.P. Kant, A.M.: This Appeal By The Assessee Is Directed Against Order Dated 23/09/2013 Passed By The Learned Commissioner Of Income Tax (Appeals)-Xvii, Laxmi Nagar, Delhi For Assessment Year 2009-10 Raising Following Grounds: “1.0 That The Learned Cit(A) Has Grossly Erred In Law & On Facts & In The Circumstances Of The Appellant’S Case In Confirming The Disallowance Of Rs.4.45.076/- U/S.40A(3Ijof The Income-Tax Act, On Wholly Untenable Grounds. 1.1 That The Learned Cit(A) Has Failed To Appreciate The Circumstances Under Which The Cash Payment Exceeding The Prescribed Limit U/S.40A(3) Had To Be Made By The Assessee, Although The Payees Were Fully Identified & Even Tds Has Been Made. 1.2 That The Disallowance Made U/S.40A(3) Is Bad In Law.

disallowable under section 40A(3) of the Act in the Tax Audit Report, however, the assessee disallowed only a sum of Rs.35

SHIV SHAKTI TRADERS,GHAZIABAD vs. ACIT, CIRCLE-2, GHAZIABAD

In the result, the appeal is partly allowed

Bench: Dr. B.R.R. Kumar & Ms. Astha Chandraasstt. Year: 2013-14

section 40A(3) was covered under Rule 6DD and that the disallowance made under section 40A(3) in order under

SHIV SHAKTI CONSTRUCTIONS,GAUTAM BUDH NAGAR vs. ACIT, CENTRAL CIRCLE-11, NOIDA

In the result, all the Revenue’s Appeals are dismissed

Bench: Shri Challa Nagendra Prasad & Shri Pradip Kumar Kedia

disallowance of such bogus purchases of Rs.8,11,39,611/- by invoking Section 37(1) of the Act. 7. The Assessing Officer also observed that large amount of cash payments have been made against expenses incurred in violation of Section 40A

SHIV SHAKTI CONSTRUCTIONS,GAUTAM BUDH NAGAR vs. ACIT, CENTRAL CIRCLE-11, NOIDA

In the result, all the Revenue’s Appeals are dismissed

Bench: Shri Challa Nagendra Prasad & Shri Pradip Kumar Kedia

disallowance of such bogus purchases of Rs.8,11,39,611/- by invoking Section 37(1) of the Act. 7. The Assessing Officer also observed that large amount of cash payments have been made against expenses incurred in violation of Section 40A