M/S. SHREE TIRUPATI ASSOCIATES,BHILWARA vs. ITO, BHILWARA

40A inserted from A.Y. 2009-10 no disallowances even if payment made in cash exceeds Rs. 20000/- having regards to the nature, considerations of business expediency and other relevant factors as submitted above. 7. The condition laid down in rule 6DD (j) read with provisions of section

DCIT, CENTRAL CIRCLE-1, UDAIPUR vs. VIKRAM ANJANA, CHITTORGARH

In the result, the appeal filed by the revenue is dismissed

Bench: Shri B. R. Baskaran & Shri Sandeep Gosaindy. Commissioner Of Vs Sh. Vikram Anjana Income-Tax, Kesunda, Chhoti Central Circle-01, Udaipur Sadri, Chittorgarh (Appellant) (Respondent) Pan No. Afkpa 0575 R

section. The appellant pointed-out that similar disallowance was made in appellant's case own case for AY 2009 10, which was deleted by the Hon'ble ITAT in their order in ITA No. 452/Jodh/2014. Considering the appellant's submissions, I am inclined to agree with the appellant's arguments made therein. In order to make a disallowance u/s 40A

RAVINDRA HERAEUS PRIVATE LIMITED,UDAIPUR vs. PR. CIT, UDIAPUR , UDAIPUR

In the result, both the appeals filed by the assessee are allowed in light of aforesaid directions

disallowable u/s 40A, to the persons specified in Section 40A(2)(b) of the Act. In other words in the ITR the assessee

SHRI SIDDHESH KUMAR GAUR ,JODHPUR vs. ADIT, CPC, ACIT, CIRCLE-3, BENGALURU / JODHPUR

In the result, the appeal of the assessee is dismissed

Bench: Shri Saktijit Deydr. B. R. R. Kumar

disallowance under section 40A(3) in the facts and circumstances of the case. 6. The appellant craves leave to add/alter

MADAN LAL AND PARTY,HANUMANGARH vs. PR. CIT, BIKANER

The appeals stand allowed

Bench: Hon’Ble Shri Sandeep Gosain, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am (Hearing Through Video Conferencing Mode) 1. आयकरअपील सं./ I.T.A. No.233/Jodh/2018 ("नधा"रणवष" / Assessment Year: 2013-14) & 2. आयकरअपील सं./ I.T.A. No.234/Jodh/2018 ("नधा"रणवष" / Assessment Year: 2014-15) Madan Lal & Party Pr. Cit (Hanumangarh Town) Income Tax Office बनाम/ C/O Neeraj Chawla Ca Rani Bazaar, Bikaner Vs. 55, Adarsh Nagar, Sri Ganganagar Rajasthan. Rajasthan-335 001. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aacam-3229-Q (अपीलाथ"/Appellant) (""यथ" / Respondent) :

section 263 and another is filing appeal before the H'ble Rajasthan High Court against the order of the H'ble ITAT Jodhpur. 2. We have carefully heard the rival submissions and perused relevant material on record including submissions made during assessment proceedings as well as during revisional proceedings. The judicial precedents as cited during the course of hearing have

DCIT,CIRCLE, SRIGANGANAGAR vs. M/S. KANDA EDIBLE OIL P. LTD. , SRIGANGANAGAR

In the result, appeal of the revenue is dismissed and CO of the assessee is partly allowed

Bench: Shri Sandeep Gosain & Shri Manoj Kumar Aggarwald.C.I.T. Vs. M/S Kanda Edible Oil Pvt. Ltd. Circle, E 173, Udyog Vihar Sriganganagar. Sriganganagar. Pan No. Aacck 7754 Q

40A(2)(b) of Rs.3,14,702/- on account of alleged excess interest paid to the related party. 2. The Ld. CIT(A) has erred on facts and in law in confirming the ad hoc disallowance of mustard oil expenses and other expenses of Rs.1,50,000/- by holding that the personal use cannot be ruled out.” 2. The hearing

ACIT, CIRCLE, BHILWARA vs. M/S. SURAJ FABRICS INDUSTRIES LTD. , KOLKATA

In the result appeal of the revenue is dismissed

Bench: Shri Pavan Kumar Gadale & Dr. Dipak P. Ripoteassessment Year: 2010-11 Assistant Commissioner M/S Suraj Fabrics Industries Of Income-Tax, Circle, Vs Ltd., 224A, Elegant Tower, Bhilwara A.J.C. Bose Road, Kolkata, West Bengal Pan: Aabcs8988B Appellant / Revenue Respondent / Assessee Revenue By Smt. Alka Rajvanshi Jain, Cit-Dr Assessee By None Date Of Hearing 11.08.2023 Date Of Pronouncement 11.08.2023 Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Department Against The Order Of Ld. Commissioner Of Income Tax (Appeals), Ajmer Dated 06.09.2017 Deleting The Penalty Under Section 271(1)(C) Of The Act For A.Y. 2010-11. The Assessee Has Raised Following Grounds Of Appeal As Under:- “1. Cancelling The Penalty Levied For Addition Of Unexplained Cash Credit On A/C Of Share Capital Of 10,00,00,000/- Without Appreciating The Facts That The Quantum Addition Made By The Ao Was Confirmed By The Ld.Cit(A) As The Identity & M/S Suraj Fabrics Industries Ltd.

disallowance of Rs. 5,16,066/- made u/s 40A(3) is hereby cancelled. (iii) Regarding the addition of Rs. 28,950/- made under the head "long term capital gain", the appellant, relying on the decision of ITAT "E" Bench Mumbai in the case of ACIT, 14(1), Mumbai vs. M/s Sunland Metal Recycling (ITA No. 6454/Mum/2011

GAJESINGH,JODHPUR vs. ITO, WARD-1(2), JODHPUR

In the result, the appeal of the assessee bearing ITA No

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjeei.T.A. No.64/Jodh/2022 Assessment Year: 2017-18

disallowance under Section 40A(3) of the Act whereas the SCN under Section 263 was regarding the FIFO method of valuation

PARSSA RAM,MERTA vs. ITO, WARD-3,, NAGAUR

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

Bench: Its Hearing Before Your Honour.”

section 40A(3) of the I.T. Act, 1961. Therefore, the Ld. AO disallowed the cash payment of Rs.20,51,007/- as claimed

ACIT, CIRCLE, PALI vs. SHAHNAVAJ NAJIK L.H OF LATE SH. IQBAL NAJIK, PALI

In the result, the appeal filed by the revenue is treated as allowed for statistical purposes

Bench: Shri B. R. Baskaran & Dr. S. Seethalakshmithe Acit Vs Shri Shahnavaj Najik Circle-Pali L/H Of Late Shri Iqbal Najik 173, Ashapura Nagar, Pali (Appellant) (Respondent) Pan No. Aalpn 5861 D

disallowance of Rs.1,34,00,000/- on account of expenditure incurred in cash for purchase of land u/s 40A(3) of the I.T. Act, 1961 ignoring the fact that there is clear mention that such payment was made in contravention of provisions of Section

SHRI KAILASH CHANDRA,BARMER vs. ITO,WARD-1, BARMER

In the result, appeal of the assesse is allowed

disallowed u/s 40a(ia) r.w.s. 194 of the I.T. Act, 1961 and added back t the total income of the assessee.’’ 4. Aggrieved, from the order of the AO passed u/s 154 of the Act, 1961 on 15-10-2019, the assessee filed an appeal before the ld. CIT(A) who after hearing the contention of the assessee dismissed

ACIT, CENTRAL CIRCLE-2, UDAIPUR, UDAIPUR vs. M/S MEWAR HOSPITAL PVT. LTD., UDAIPUR

In the result the appeal of the assessee in ITA No

disallowed as per provisions of section 40(a)(ia) and 40A(3) of IT Act, 1961 during the year under

MEWAR HOSPITAL PVT. LTD. ,UDAIPUR vs. ACIT, CENTRAL CIRCLE-2, UDAIPUR

In the result the appeal of the assessee in ITA No

disallowed as per provisions of section 40(a)(ia) and 40A(3) of IT Act, 1961 during the year under

MEWAR HOSPITAL PVT. LTD. ,UDAIPUR vs. ACIT, CENTRAL CIRCLE-2, UDAIPUR

In the result the appeal of the assessee in ITA No

disallowed as per provisions of section 40(a)(ia) and 40A(3) of IT Act, 1961 during the year under

ACIT, CENTRAL CIRCLE-2, UDAIPUR, UDAIPUR vs. M/S MEWAR HOSPITAL PVT. LTD., UDAIPUR

In the result the appeal of the assessee in ITA No

disallowed as per provisions of section 40(a)(ia) and 40A(3) of IT Act, 1961 during the year under

MEWAR HOSPITAL PVT. LTD. ,UDAIPUR vs. ACIT, CENTRAL CIRCLE-2, UDAIPUR

In the result the appeal of the assessee in ITA No

disallowed as per provisions of section 40(a)(ia) and 40A(3) of IT Act, 1961 during the year under

ACIT, CENTRAL CIRCLE-2, UDAIPUR, UDAIPUR vs. M/S MEWAR HOSPITAL PVT. LTD., UDAIPUR

In the result the appeal of the assessee in ITA No

disallowed as per provisions of section 40(a)(ia) and 40A(3) of IT Act, 1961 during the year under

MEWAR HOSPITAL PVT. LTD. ,UDAIPUR vs. ACIT, CENTRAL CIRCLE-2, UDAIPUR

In the result the appeal of the assessee in ITA No

disallowed as per provisions of section 40(a)(ia) and 40A(3) of IT Act, 1961 during the year under

MEWAR HOSPITAL PVT. LTD. ,UDAIPUR vs. ACIT, CENTRAL CIRCLE-2, UDAIPUR

In the result the appeal of the assessee in ITA No

disallowed as per provisions of section 40(a)(ia) and 40A(3) of IT Act, 1961 during the year under