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2018 (3) TMI 1459 - AT - Income TaxDisallowance u/s 40A(3) - payment to suppliers in cash - Held that:- The assessee had produced all the bills, cash memos and money receipts of the payees before the lower authorities. Though the assessee had not established the circumstances which warranted it to pay the suppliers in cash by any cogent evidence, it had filed an affidavit duly notarized and signed by the partner of the assessee firm clearly deposing that the cash payments had to be made on the insistence of the suppliers and their refusal to accept the cheques. It was also pleaded that all the suppliers are duly registered with sales tax authorities and having PAN. This affidavit has been filed by the assessee only before us for the first time. The contents of the affidavit requires examination by the lower authorities and hence in the interest of justice and fairplay, we deem it fit and appropriate, to remand this issue to the file of the ld AO to decided it afresh - Decided in favour of assessee for statistical purposes.
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