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2017 (5) TMI 1531 - AT - Income TaxAddition invoking the provisions of section 40A(3) - Payment exceeding limit in cash - Held that:- In the instant case, throughout the financial year, the payments have been made in cash exceeding ₹ 20,000 and the same will therefore be covered by the provisions of section 40A(3) of the Act. From perusal of material available on record, the assessee has neither brought on record any such exceptional or unavoidable circumstances to the notice of the Assessing Officer nor the Assessing Officer has recorded any satisfaction in this regard in terms of rule 6DD of the Act. In light of above we are unable to agree to the contention of the Ld. AR. The ground taken by the assessee is thus dismissed. Addition u/s 40(a)(ia) - Held that:- Respectfully following the Delhi High Court decision in case Ansal Lankmark Township Pvt. Ltd. (2018 (1) TMI 610 - ALLAHABAD HIGH COURT), the second proviso to section 40(a)(ia) of the Act is read as retrospective in nature and will thus be applicable in the instant case. In light of the above discussion, we set aside the matter to the file of the Assessing Officer to examine the claim of the assessee. The AO shall verify whether payees have filed their return of income and whether such return of income includes the amount paid/credited by the assessee without deduction of tax at source and whether due taxes have been paid thereon. In the result, ground of appeal is allowed for statistical purposes. Addition of excess payment of salary - salary payment for the month of January and March 2011 claimed by the assessee company - Held that:- There is not enough material available on record to decide the subject matter. In the interest of justice, it would be appropriate to set aside the matter to the file of the AO to examine the same afresh. Needless to say, the assessee will provide all relevant information and documents as called for by the AO. In the result, ground taken by the assessee is allowed for statistical purposes.
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