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2021 (10) TMI 355 - AT - Income TaxAddition u/s 40A(3) - disallowing claim as "paid to the farmers/vendors" - HELD THAT:- We no force in assessee's stand. This is inter alia for the reason that although he has duly explained the source of sum of ₹ 90 lakhs coming from various companies/vendees, there is no reconciliation filed before qua the impugned sum of ₹ 72 lakhs having been passed over to the vendors - learned counsel has relied upon the assessee's alleged hard disk as well as additional documentary evidence, the same are found to be lacking the clinching three folded nexus between vendors/farmers, vendees/companies and himself as the case may be. It was very much incumbent on him to file the detailed reconciliation of the amount received viz amount involving the companies and the land owners; respectively alongwith the corresponding sale deeds as well which he has failed to do so. We thus see no reason to accept the assessee's foregoing contentions seeking a remand report as well from the department in absence of a valid admission of his additional evidence as per Rules 29 to 31 of the Appellate Tribunal Rules, 1963. And more so, when there is no certification on the part of assessee that his hard disk in issue satisfies the basic parameters of an electronic record or data; as the case may be u/s. 2(t) of the Information Technology Act - no reason to interfere with both the learned lower authorities' having been making the impugned disallowance - Decided against assessee.
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