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2016 (6) TMI 1121 - HC - Income TaxDisallowance under section 40A(3) - whether fall within the ambit of undisclosed income within the meaning of Section 158B(b) - Held that:- It is not a case where the assessing officer has adopted one of the courses permissible in law which has resulted in loss of revenue. It was not open to the assessing officer to ignore the provision of Section 40A(3) nor does he appear to have done so consciously. We are inclined to agree with the CIT that the provision contained in Section 40A(3) did not occur to him. It is not also a case where two views were possible and the assessing officer had taken one of them. As regards the applicability of Section 40A(3), whenever any expenditure was claimed, there were never two views. The judgement of the Apex Court in the case of Attar Singh ( 1991 (8) TMI 5 - SUPREME Court ) may in that regard be referred to.
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