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TMI Blog2015 (2) TMI 850X X X X Extracts X X X X X X X X Extracts X X X X ..... y with the statutory provision and the rules framed thereunder. Only in instances where the assessee falls under any of the exemptions covered in rule 6DD, he is entitled to claim the said amount as an exemption under section 40A(3). In so far as both the authorities had found that the claim of the assessee is not justifiable, we do not think that the questions of law projected by the assessee arises for consideration in the above appeal and the same is therefore dismissed. - Decided against assessee. - I. T. A. No 11 of 2014 - - - Dated:- 10-2-2014 - DR. MANJULA CHELLUR AND A. M. SHAFFIQUE, JJ. For the Appellant : Mohan Pulikkal, G. Jayaprakash, Smt. Manju Rajan and R. Anas Muhammed Shamnad, Advocates, For the Respondent : ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ey have undertaken. 4. The Tribunal, on an elaborate consideration of the matter, found that the explanation offered by the assessee was not satisfactory as the assessee has failed to show that the payments made by it in violation of the provisions of section 40A(3) of the Act is covered by any of the exceptions provided under rule 6DD of the Income-tax Rules. 5. The assessee while impugning the aforesaid orders has raised the following substantial questions of law : (i) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was correct in holding that the appellant was not entitled to deduction in respect of lorry charges paid in cash exceeding ₹ 20,000 under section 40A(3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respect of which a payment or aggregate of payments made to a person in a day ; otherwise than by an account payee cheque drawn on a bank or account payee bank draft, exceeds twenty thousand rupees, no deduction shall be allowed in respect of such expenditure. The assessee had relied upon the proviso, which reads as under : Provided that no disallowance shall be made and no payment shall be deemed to be the profits and gains of business or profession under sub-section (3) and this sub-section where a payment or aggregate of payments made to a person in a day otherwise than by an account payee cheque drawn on a bank or account payee bank draft, exceeds twenty thousand rupees, in such cases and under such circumstances ..... X X X X Extracts X X X X X X X X Extracts X X X X
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