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2016 (3) TMI 1301 - ITAT KOLKATAAddition u/s 40A - truck loading wages charges paid in cash in excess of ₹ 20,000/- - Held that:- The nature of the business of the assessee is such that assessee has no other alternative except to make payment to labours in cash because that area is not served by any bank and the labours do not receipt the payments by cheque or any other mode except in cash. The assessee’s payments are genuine and not doubted by revenue. The revenue could not controvert that the assessee’s mine is in tribal area of Orissa where no banking facility is available and labourers do not have any bank account to whom assessee has made payment. Accordingly, in the given facts and circumstances of the case, we delete the disallowance made by AO and confirmed by CIT(A) by invoking the provisions of section 40A(3) of the Act - Decided in favour of assessee
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