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2019 (3) TMI 553 - AT - Income TaxAssessment u/s 153C - legality of the proceedings initiated u/s 153C - HELD THAT:- As perused the materials available on record and gone through the orders of the authorities below. We find that the submissions of the assessee are contrary to the records as the documents filed are the journal entries and some of the vouchers or debit notes which are belonging to the assessee. Therefore, under these facts, it cannot be construed that there was no incriminating material for initiating the proceedings u/s 153C. We therefore, reject the grounds raised by the assessee. Accordingly, the cross objection filed by the assessee is dismissed. Disallowance of cash payments u/s 40A(3) - payment in cash exceeding the monetary limit so prescribed - assessee has made payment in cash and the case of the assessee does not fall in any of the exception - CIT-A deleted the addition - business expediency - as per assessee sellers of the land insisted for making payments in cash - HELD THAT:- In view of the fact that the assessee had to make payment on the insistence of the sellers respectively and following the judgement in the case of Smt. Harishila Chordia Vs. ITO [2006 (11) TMI 117 - RAJASTHAN HIGH COURT] and Anupam Teleservices Vs. ITO [2014 (2) TMI 30 - GUJARAT HIGH COURT], we do not see any reason to interfere in the finding of the Ld. CIT(A) and the same is hereby affirmed. - Decided against revenue.
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