DHRUB NARAYAN BHADANI,KOLKATA vs. ACIT, CIR-39, KOLKATA, KOLKATA
In the result, the appeal of the assessee is partly allowed
ITA 28/KOL/2016[2009-2010]Status: DisposedITAT Kolkata10 Nov 2017AY 2009-2010
Bench: Shri P.M. Jagtap, Am & Shri S.S. Viswanethra Ravi, Jm] I.T.A. No. 28/Kol/2016 Assessment Year: 2009-10 Dhrub Narayan Bhadani..............................………………………………………...Appellant C/O. B.S. Sahay & Co., Room No. 431, Centre Point, 21, Hemanta Basu Sarani, Kolkata - 700001 [Pan : Akdpb3207D] A.C.I.T., Cir 39, Kolkata………………………………………………......................Respondent 3, Govt. Place, Kolkata - 700001 Appearances By: Shri R.S. Sahay, Fca Appearing On Behalf Of The Assessee. Shri D.Z. Chowngthu, Addl. Cit Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : November 08, 2017 Date Of Pronouncing The Order : November 10, 2017 Order Per P.M. Jagtap, Am This Appeal Filed By The Assessee Is Directed Against The Order Of Ld. Cit (Appeals) – 11, Kolkata Dated 16.10.2015. 2. Ground No 1 Raised By The Assessee In This Appeal Reads As Under: “The Ld. Cit (A) Is Not Justified In Confirming The Addition Of Rs. 4,05,130/- Being 50% Of Total Purchases On Estimate Made By The Ld. A.O. & Has Also Been Unjustified In Further Enhancing The Same By Rs. 4,05,130/- By Erroneously Holding The Same To Be Violative Of Provisions Of Section 40A(3) Without Appreciating The Fact That Section 40A(3) Was Not Applicable. The Addition Is Based On Surmises & Conjectures & Totally Against Facts Of The Case Itself As There Has Been No Single Instance Of Payment Exceeding 20,000/- To Any Party On Any Daty.”
Section 40A(3)
Section 40A(3) are applicable even in the case where aggregate of payments made in cash exceeds the moneytary limit, we find that same is not supported by the relevant provisions of the Act. Even the learned DR has not been able to raise any contention to support this view taken by the Ld. CIT (A). A perusal
