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2014 (3) TMI 1074 - AT - Income TaxRevision u/s 263 - non-fulfillment of conditions laid down under rule 6DD(j) of the I.T. rules - CIT directing AO to invoke the provisions of section 40A(3) and make necessary addition as directed by him - Held that:- It is to be noted that, similar cash payments towards purchase of agricultural land was also made in the financial year 2007-08 relevant to the assessment year 2008-09. Disallowances made u/s 40A(3) of the Act by the assessing officer was confirmed by the CIT(A). When the matter came up before the coordinate bench of this Tribunal [2013 (12) TMI 1605 - ITAT VISAKHAPATNAM] and the Tribunal after considering the submissions of the parties in the context of the statutory provision held that so far as cash payments made on Sundays and public holidays are concerned, no disallowance can be made u/s 40A(3) of the Act as such payments come within the exception provided under rule 6DD(j) of the IT rules. However, so far as assessee’s claim of exemption under sub rule (g) of rule 6DD, the matter was remitted back to the assessing officer for verification. Facts being identical and issue being materially the same respectfully following the order of the coordinate bench as aforesaid, we direct the assessing officer to verify the cash payments made by the assessee and exclude the payments made on Sundays and public holidays from the purview of section 40A(3) of the Act. - Decided in favour of assessee for statistical purposes.
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