Jasmer Food Private Limited vs. ITO Ward – 1

Parties Involved

Facts Summary

The assessee, Jasmer Food Private Limited, filed its original return of income for the Assessment Year 2013-14 on 30.09.2013, declaring a total income of Rs.2,59,93,590/-. The original assessment was completed under Section 143(3) of the Act on 12.01.2016 at Rs.2,62,36,740/-. Subsequently, the assessment was reopened and notice under Section 148 was issued by the Assessing Officer on 30.03.2021. The assessee remained non-compliant, leading to the framing of the assessment on a best judgment basis. The Assessing Officer made additions in the hands of the assessee, including disallowance under Section 40(a)(ia) for non-deduction of TDS on alleged brokerage payments and interest disallowance under Section 36(1)(iii) on the allegation that advances were used for capital purposes and work-in-progress. The assessee appealed against the order of the Commissioner of Income Tax (Appeals), NFAC [CIT(A)] dated 18.06.2025.…

Legal Issues

• 1. Disallowance under Section 40(a)(ia) for non-deduction of TDS on alleged brokerage payments
• 2. Interest disallowance under Section 36(1)(iii) on the allegation that advances were used for capital purposes and work-in-progress

Judgment Outcome

Decided in favour of Assessee.

Similar Judgements

• M/s Rajkumar Singh & Co. vs. Dy.C.I.T.

  Lucknow bench

• Pinnacle Vastunirman Private Limited vs. DCIT, Circle-4, Pune

  Pune bench

• Deliverhealth Services Private Limited vs. DCIT, Circle 7 (1), Delhi

  Delhi Bench benchAY 2021-22Allowed

• ITA No.203/Kol/2025

  Kolkata Bench benchAY 2012-13Dismissed

• Shreyans Overseas Pvt. Ltd. Vs. ITO, Ward-8(2), Kolkata

  Kolkata ‘C’ Bench, Kolkata benchAY 2011-12 & 2012-13Partly Allowed

• Turf Estate JV Vs. Assisstant Commissioner of Income Tax Circle - 20(3), Mumbai

  Mumbai Bench benchAY 2017-18Partly Allowed