TMI Blog2013 (11) TMI 15X X X X Extracts X X X X X X X X Extracts X X X X ..... . In this regard also, there is absolutely no material on record. The Tribunal has further come to the conclusion that, according to the assessee, he used to be ridiculed by the suppliers with regard to obtaining confirmations concerning the transactions. Again, there is absolutely no evidence in this regard - Reliance has been placed upon the judgment in the case of Late Smt. Jyothi Chellaram v. CIT [1988 (3) TMI 36 - ANDHRA PRADESH High Court] – Decided in favor of Revenue. - ITTA No. 81 OF 2000 - - - Dated:- 23-12-2011 - MADAN B. LOKUR ANDSANJAY KUMAR, JJ. JUDGEMENT Madan B. Lokur C. J.- 1. This appeal under section 260A of the Income tax Act, 1961 (hereinafter referred to as "the Act") is with reference to an order dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any other case, where the assessee satisfies the Assessing Officer that the payment could not be made by a crossed cheque drawn on a bank or by a crossed bank draft (1) due to exceptional or unavoidable circumstances, or (2) because payment in the manner aforesaid was not practicable, or would have caused genuine difficulty to the payee, having regard to the nature of the transaction and the necessity for expeditious settlement thereof, and also furnishes evidence to the satisfaction of the Assessing Officer as to the genuineness of the payment and the identity of the payee." 6. The assessee relies upon clause (1) of rule 6DD(j) and says that the payments were made by the assessee in cash due to the exceptional or unavoidable circum ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icer. On the basis of the above facts, the Assessing Officer held against the assessee and taxed the receipts. 9. Feeling aggrieved, the assessee preferred an appeal, which was rejected by the Commissioner of Income-tax (Appeals), by his order dated November 30, 1999. 10. On the issue as to whether the assessee had any bank account or not, the appellate authority came to the conclusion that the assessee had a savings bank account in Andhra Bank in Vijayawada. 11. In the appeal, the assessee took up a new ground which was not agitated before the Assessing Officer and that ground was based on Circular No. 220, dated May 31, 1977, issued by the Central Board of Direct Taxes. The portion on which the assessee relied upon reads as follows ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d any credit facilities to him. There was an insistence on payment for the supply of goods in cash. In this regard also, there is absolutely no material on record. The Tribunal has further come to the conclusion that, according to the assessee, he used to be ridiculed by the suppliers with regard to obtaining confirmations concerning the transactions. Again, there is absolutely no evidence in this regard. 17. The sum and substance of what we have noted above is that the Tribunal has proceeded entirely on conjectures and surmises, which are not warranted from any material on record. 18. Learned counsel for the assessee has pointed out that the Tribunal noted that in real life, things of this kind are not uncommon. 19. We are unable to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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