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2012 (12) TMI 715 - AT - Income TaxDisallowance u/s 40A(3) – Held that:- AO has not exhaustively considered the mitigating circumstances as per the Proviso to section 40A(3) r.w.r. 6DD before making the disallowance of cash payments. CIT(A) has not addressed the issue in proper perspective and in providing the assessee adequate opportunity in the matter in accordance with the principles of natural justice, therefore remit the matter back to the file of the AO to consider the issue and also to consider and examine the judicial decisions relied upon by the assessee - appeal of assessee allowed for statistical purposes.
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