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Issues Involved:
1. Disallowance of cash payments under section 40A(3) for assessment years 1984-85 to 1986-87. 2. Classification of repair expenditure as revenue expenditure for assessment year 1989-90. Issue-wise Detailed Analysis: 1. Disallowance of Cash Payments under Section 40A(3): The primary issue for the assessment years 1984-85 to 1986-87 was the disallowance of cash payments made by the assessee, a partnership firm engaged in the jewellery business, under section 40A(3). The amounts involved were Rs. 1,59,894, Rs. 1,54,500, and Rs. 1,06,596 respectively. The Assessing Officer (AO) disallowed these payments because they exceeded Rs. 2,500 and were made in cash. The assessee argued that these payments were made to small dealers in old gold ornaments, often from lower income groups, who insisted on immediate cash payment due to urgent needs. The purchases were duly recorded in the Gold Control Registers, and confirmation letters were provided where available. The AO attempted to verify the confirmation letters but could not locate most of the persons. Only a few parties confirmed the transactions, leading the AO to conclude that the identity of the payees and the genuineness of the transactions were not established, thus justifying the disallowance under section 40A(3). On appeal, the CIT(A) noted that the assessee provided confirmation letters for the majority of purchases and maintained proper records under the Gold Control Law. The CIT(A) also considered the practical difficulties faced by the assessee in obtaining full addresses and the possibility of sellers frequently changing residences. Consequently, the CIT(A) deleted the disallowance. The Revenue appealed, arguing that the CIT(A) erred in deleting the disallowance. The Revenue's contentions included the irrelevance of the gross profit rate and proper maintenance of registers, the onus on the assessee to prove exceptional circumstances, lack of evidence for sellers insisting on cash payments, and the small proportion of purchases from small parties. The Revenue also cited various judicial precedents supporting their stance. The assessee's counsel countered by emphasizing the practicalities of the jewellery business, the urgency of sellers needing cash, the high percentage of confirmation letters provided, and the reasonable gross profit rates. The counsel also highlighted the lack of irregularities noted by the Gold Control Authorities and the practical difficulties in verifying sellers' addresses. After careful consideration, the Tribunal upheld the CIT(A)'s decision to delete the disallowance. The Tribunal noted that section 40A(3) is not an absolute prohibition on cash payments and that Rule 6DD(j) and relevant circulars provide exceptions for such payments. The Tribunal found the assessee's explanations reasonable and supported by substantial evidence, including confirmation letters and proper maintenance of records. The Tribunal also considered the practical realities of the business and the absence of any violations under the Gold Control Law. Thus, the Tribunal dismissed the Revenue's appeals for the assessment years 1984-85 to 1986-87. 2. Classification of Repair Expenditure as Revenue Expenditure:For the assessment year 1989-90, the issue was whether the expenditure of Rs. 42,930 incurred on a 1979 model car should be classified as revenue expenditure. The CIT(A) held that the expenditure, although substantial, merely restored the car to its original condition and did not result in any enduring benefit or improvement. Consequently, the CIT(A) classified the expenditure as revenue expenditure. The Tribunal agreed with the CIT(A)'s reasoning, noting that the nature and quantum of the expenditure indicated it was for repairs rather than capital improvements. Therefore, the Tribunal confirmed the CIT(A)'s order and dismissed the Revenue's appeal for the assessment year 1989-90. Conclusion:In conclusion, the Tribunal dismissed all the appeals filed by the Revenue, upholding the CIT(A)'s decisions to delete the disallowance of cash payments under section 40A(3) for the assessment years 1984-85 to 1986-87 and to classify the repair expenditure as revenue expenditure for the assessment year 1989-90.
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