TMI Blog2006 (10) TMI 79X X X X Extracts X X X X X X X X Extracts X X X X ..... oncern, namely, M/s. Abhiruchi Departmental Stores in Belgaum and thereafter in another premises the processing is carried On. The premises in which M/s. Abhiruchi Departmental Stores carries on its business is located in a place in the city of Belgaum to which the growers of the cashew nuts normally come and sell their products. For the year 1992-93, the assessing authority added a sum of Rs. 16,05,000 by invoking the provisions of section 40A(3) of the Income-tax Act, 1961 (for short, "the Act"). These payments were issued to M/s. Abhiruchi Departmental Stores. The assessing authority, noticing various cash payments contrary to the provisions of law, has chosen to proceed against the appellant. Aggrieved by the same, the appellant filed a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t Belgaum. Noticing huge cash transaction, proceedings were initiated. Reply was obtained. After noticing the statement and huge transaction running into several lakhs of rupees the assessing authority on facts has chosen to hold that no acceptable reason is shown to the authorities in terms of rule 6 of the rules. In that view of the matter, the assessing authority passed an adverse order. The same was challenged before the appellate authority. The appellate authority noticed the material facts, including the statement made by the assessee in the case on hand. After noticing the factual aspects of the matter, the appellate authority has chosen to partly allow the appeal. When the same was challenged before the Tribunal, the Tribunal after ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... way of cheques was not practicable or it would cause genuine difficulty to the payee in terms of the material on record. None of the exceptional circumstances is available in the facts and circumstances of the case. All the authorities, after noticing the facts have rightly come to the conclusion that the case of the appellant is to be rejected in the case on hand. We have no hesitation in accepting all the three orders of the authorities. The argument of non-consideration of the material on record or non-application of the mind is not acceptable to us. The order of the Tribunal should be read as a whole. The Tribunal after noticing various aspects of the matter, has categorically ruled that rule 6DD is not available to the appellant. We a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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