2013 (8) TMI 1123 - AT - Income Tax

Summary

Issues involved: Determination of the validity of additions made by the Assessing Officer u/s 40A(3) of the Income Tax Act for payments exceeding specified limits to a State Government Company in cash.

Summary:

Issue 1: Validity of additions made u/s 40A(3) of the Act
The appeals by the revenue for A.Ys. 2008-09 and 2009-10 were directed against the common order of ld. CIT(A), Central, Jaipur dated 12/01/2013. The main issue was whether the additions of Rs. 16,04,482/- in A.Y. 2008-09 and Rs. 15,21,517/- in A.Y. 2009-10 made by the A.O. u/s 40A(3) of the Act for payments exceeding Rs. 20,000/- to a State Government Company in cash were justified. The A.O. did not consider the assessee-company as a Government entity and did not apply Rule 6DD(b) of the Income-tax Rules, 1962. However, the ld. CIT(A) reversed this decision, stating that the payments made to the Government company were covered under the said rule.

Issue 2: Application of Rule 6DD(b) of the Income-tax Rules, 1962
After considering the arguments, it was found that there was no dispute regarding the identity of the payee and the genuineness of the payments. Referring to the case law CIT Vs. Kalyan Prasad [2011] 51 DTR 191 [Raj], where Rule 6DD(b) was applied when payments were collected on behalf of the State Government, it was concluded that the payments made to the Government company in this case did not warrant disallowances u/s 40A(3) of the Act. The Tribunal upheld the impugned order and dismissed the appeals of the revenue.

Conclusion:
The Tribunal pronounced the order on 22nd August, 2013, dismissing the appeals of the revenue, thereby affirming that the payments made to the Government company did not contravene the provisions of section 40A(3) of the Income Tax Act.