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2020 (9) TMI 492 - KARNATAKA HIGH COURTAddition u/s 40A(3) - cash payments made by the assessee to the agriculturists/farmers for purchase of land - HELD THAT:- It is evident that the assessee's authorized representative in his written submission had disclosed the reason for payment in cash on the ground that the payments were made at place which was not served with any banking facility. AO has found that the place at which the payment was made had banking facility and therefore, has held that the assessee failed to prove that it was covered in the exception clause as provided under Section 40A(3) read with Rule 6DD. CIT-A have also found that the assessee has failed to prove the stand taken by him that the transaction took place at the place where there were no banking facilities. The aforesaid finding has been affirmed by Tribunal. Therefore, the contention of the appellant that it had taken a defence before the authorities that the parties were identifiable and the transactions were genuine cannot be accepted, as the aforesaid contention is being raised for the first time in this appeal, which even otherwise is contrary to the material on record, which has already been referred. The aforesaid findings are findings of fact and this court as a general rule would not interfere except in cases where the parties have ignored material evidence or have acted on no evidence, or have drawn wrong inference from proved facts by applying the law erroneously. The assessee has not been able to show that its case falls in any of the aforesaid categories. - Decided against assessee.
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