1982 (1) TMI 17 - HC - Income Tax

Summary

Issues involved:
1. Addition of cash credit as income from undisclosed sources.
2. Interpretation of section 40A(3) regarding payments for purchase of goods.
3. Disallowance of expenditure u/r 40A(3) due to non-compliance with payment mode requirements.

Issue 1:
The assessee claimed that a cash credit of Rs. 12,000 was an interest-free loan from a creditor named Hans Raj. The Income Tax Officer (ITO) added the full amount as undisclosed income, later reduced to Rs. 6,000 by the Appellate Assistant Commissioner (AAC) and upheld by the Tribunal. The burden of proving the creditor's capacity to advance the loan rested on the assessee, and as it was not proven beyond Rs. 6,000, the addition was deemed justified. The Tribunal's decision was upheld, ruling against the assessee.

Issue 2:
Payments made for purchase of goods were questioned under section 40A(3) of the Income-tax Act, 1961. The Tribunal referred to previous judgments supporting the interpretation that such payments constitute expenditure. The Tribunal upheld the disallowance of Rs. 28,231 as the payment was not made through a crossed cheque or bank draft, as required by the Act. The assessee's reliance on rule 6DD for exemption was rejected as the circumstances did not qualify as exceptional or unavoidable, thus justifying the disallowance.

Issue 3:
The disallowance of Rs. 28,231 was due to non-compliance with the payment mode requirements u/r 40A(3). The assessee's argument of exceptional circumstances for non-compliance was dismissed as the opportunity to make payment through the prescribed modes existed prior to the demand for cash payment. The Tribunal's decision to maintain the disallowance was deemed correct, ruling in favor of the Revenue and against the assessee.