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TMI Blog2002 (8) TMI 803X X X X Extracts X X X X X X X X Extracts X X X X ..... ment year 1993-94. The main dispute, in this appeal, relates to disallowance under section 40A(3) of the Act to the extent of Rs. 7,15,650. Learned counsel for the assessee drew our attention to para. 4 of the assessment order and pointed out that the assessee has not contravened any of the provisions of section 40A(3) of the Act. According to him, on each of the occasion, the payment did not exc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... section 40A(3), according to learned counsel, are not correctly invoked. Learned counsel for the assessee relied upon the decision of the Orissa High Court in the case of CIT v. Aloo Supply Co. [1980] 121 ITR 680 for the above proposition. Learned counsel also pointed out that special leave petition against the decision of the Orissa High Court in the above case filed by the Department has been d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent by notification in the Official Gazette, in a sum exceeding ten thousand rupees otherwise than by a crossed cheque drawn on a bank or by a crossed bank draft . . . The above words clearly show that the words "in a sum" in section 40A(3) denote the payment at any one time and not the sum total of payments made to a particular person during the course of any one day. The Orissa High Court had oc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he impugned payments. The disallowance is, therefore, deleted. In the light of the above, we do not wish to express any opinion as regards the other contentions taken on behalf of the assessee. The next disallowance in this appeal relates to disallowance of loss of Rs. 3,456 and Rs. 9,250 claimed in respect of coconut oil and edible oil account. The Assessing Officer appears to have disallowed on ..... X X X X Extracts X X X X X X X X Extracts X X X X
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