2020 (3) TMI 52

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..... the protection under Rule 6DD would not be available to the petitioner - in addition, certain credits appearing in the bank accounts of the petitioner were proposed to be disallowed under Section 68 - HELD THAT:- Learned counsel states that adequate opportunity was not granted to the petitioner prior to completion of assessment. My attention is drawn to the medical records of VA Sadasivam to esta .....

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..... ion 68 of the Act as well as the applicability of Rule 6DD to the disallowance under Section 40A(3). Let an order of assessment be passed de novo within a period of three months from date of institution of appeal, after hearing the petitioner. Recovery of the disputed demand shall not be insisted upon till disposal of appeal. In the event the appeal is not instituted within the time frame as afore .....

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..... by the provisions of Rule 6 DD of the Income Tax Rules, 1962 which carve out certain expenditures to the rigour of Section 40A(3) where the cash payments relate to specified categories. One of the exceptions relate to purchases of agricultural or forest produce or produce of Animal Husbandry or diary poultry farming or fish and fish products or the products of horticulture or apiculture, where the .....

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..... ot established identity of the creditors, their capacity to advance money or the genuineness of the transaction. 5. Both the issues dealt with above require an examination of facts and hence this is not an appropriate case for interference under Article 226 of the Constitution of India. 6. Learned counsel states that adequate opportunity was not granted to the petitioner prior to completion .....

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..... the explanations tendered by the petitioner both in response to the proposal under Section 68 of the Act as well as the applicability of Rule 6DD to the disallowance under Section 40A(3). Let an order of assessment be passed de novo within a period of three months from date of institution of appeal, after hearing the petitioner. Recovery of the disputed demand shall not be insisted upon till disp .....

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