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2018 (6) TMI 513 - AT - Income TaxDisallowance u/s 40A(3) for payments made exceeding cash limit - purchase of country spirit - Held that - Following the judgement in case of M/s. Amrai Pachwai & C.S. Shop 2014 (2) TMI 979 - ITAT KOLKATA wherein held payment made by the assessee for the purchase of country liquor and country spirit from the territorial licensee bottling plant is protected by the exemption in terms of Rule 6DD(b) of the I.T Rules 1962 - we delete the disallowance made by the Assessing Officer and confirmed by the Ld. CIT(A) u/s 40A(3) - Decided in favor of assessee.
Issues:
- Deletion of addition under section 40A(3) of the Income Tax Act, 1961. Analysis: The case involved an appeal by the revenue against the deletion of an addition made under section 40A(3) of the Income Tax Act, 1961. The assessee, a partnership firm running a country spirit shop, had made cash payments exceeding ?20,000 to M/s. Asansol Bottling & Packaging Co. Ltd., which the Assessing Officer disallowed. The Ld. CIT(A) deleted the disallowance based on exceptions under Rule 6DD of the Income Tax Rules, 1962. The revenue challenged this decision before the Tribunal. The Tribunal noted that similar issues had been decided in previous cases, including M/s. Amrai Pachwai & C.S. Shop. In that case, the Tribunal had deleted disallowances under section 40A(3) for cash payments made to M/s. Asansol Bottling & Packaging Co. Pvt. Ltd. The Tribunal analyzed the nature of the establishment, considering it a State Government warehouse under the State Excise Rules. The Tribunal also highlighted the relationship between the assessee and the wholesale licensee as that of 'Principal' and 'Agent', falling under the exception provided in Rule 6DD(k) of the Rules. Based on the precedent set by the M/s. Amrai Pachwai & C.S. Shop case, the Tribunal in the present case followed the decision and deleted the disallowance under section 40A(3). The Tribunal concluded that the cash payments made by the assessee to M/s. Asansol Bottling & Packaging Co. Ltd. were covered by the exceptions provided in Rule 6DD of the Income Tax Rules, 1962. Therefore, the appeal of the revenue was dismissed, and the order was pronounced in the open court on 8th June 2018.
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