1995 (4) TMI 128 - AT - Income Tax

Summary

Issues Involved:

1. Addition of Rs. 10,97,062 u/s 40A(3).
2. Addition of Rs. 2,01,600 u/s 69 on account of unproved cash credits/unaccounted cash.

Summary:

Issue 1: Addition of Rs. 10,97,062 u/s 40A(3)

The assessee, engaged in the wholesale business of trading in edible oils and sugar, made cash payments exceeding Rs. 10,000 each to 22 parties. The Assessing Officer disallowed these payments u/s 40A(3), rejecting the assessee's plea that the payments were made in exceptional and unavoidable circumstances covered by rule 6DD(j). The CIT(A) upheld the disallowance but directed the Assessing Officer to verify the correct total amount.

The Tribunal noted that the assessee argued the necessity of cash payments due to the loss of repute after the dissolution of a partnership and the insistence of vendors on cash payments. However, the Tribunal found no force in this argument, highlighting that the disputed payments represented less than 3% of the total sales. The Tribunal emphasized that the provision u/s 40A(3) aims to prevent bogus claims and ensure proper accounting of receipts/incomes. The Tribunal concluded that the assessee failed to demonstrate exceptional or unavoidable circumstances justifying cash payments, thus upholding the disallowance.

Issue 2: Addition of Rs. 2,01,600 u/s 69 on account of unproved cash credits/unaccounted cash

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Conclusion:

The Tribunal upheld the disallowance of Rs. 10,97,062 u/s 40A(3), finding no exceptional or unavoidable circumstances to justify cash payments. The assessee's arguments were deemed insufficient to override the legislative intent of ensuring proper accounting and preventing bogus claims. The issue was decided against the assessee.