TMI Blog2014 (1) TMI 643X X X X Extracts X X X X X X X X Extracts X X X X ..... - Following CIT vs. Kothari Sanitation & Tiles (P). Ltd. [2006 (1) TMI 61 - MADRAS High Court] – The words used are "in a sum" i.e. single sum, irrespective of any number of transactions where the amount does not exceed the amount in each transaction, section 40A(3) will not apply - Decided in favour of assessee. - ITA No.290/Agr/2012 - - - Dated:- 8-2-2013 - Shri Bhavnesh Saini And Shri A. L. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rcumstances and the consideration of business expediency for which the payment has been made for purchase of bricks and cement having regard to the nature of civil construction work executed during the year under consideration. 3. That the appellant craves leave to add to or delete any of the grounds hereinbefore." 3. The brief facts of the case are that the assessee derives income from contra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntention. An affidavit has also been furnished, of which copy has been placed at page no.8 of assessee's Paper Book. Similar is the position in respect of purchase of cement, a copy of ledger has been placed at page nos.9 10 of the Paper Book. It is also submission of the ld. Authorised Representative that the assessee has furnished sufficient material in the form of confirmation by way of affid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pproved such splitting by interpreting the words 'in a sum' used in the section to mean a single sum thereby applying the limit to each transaction. Since the amendment is w.e.f. A.Y. 2009-10 as per C.B.D.T. Circular No.1/2009 dated 27.03.2009, thus, the amended provisions is not applicable in A.Y. 2008-09. The case of the assessee under consideration is for A.Y. 2008-09. The case of the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X
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