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TMI Blog2021 (4) TMI 845X X X X Extracts X X X X X X X X Extracts X X X X ..... mind next four coming holidays being Thursday Rath Yatra, Friday, Saturday and Sunday the clearing was not available as per the ledger account submitted by the assessee. HELD THAT:- in our considered opinion, no disallowance can be made u/s. 40A(3) and benefit of rule 6DD(j) will be given to the assessee therein it is contemplated that if payment of Rs. More than ₹ 20,000/- paid in cash where the payment was required to be made on a day on which banks were closed on account of holiday or strike. It is pertinent to note here that assessee took this plea which was not accepted by the lower authorities so to our mind same is amounting to miscarriage of justice. Appeal filed by the Assessee is allowed. - ITA. No. 2247/Ahd/2017 - - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3. During the course of assessment proceedings, while going through submission made by the assesse, it came to notice, the ld. A.O. that assesse has made various payments to a person in a day more than 20,000/- otherwise than by an account payee cheque drawn on a bank or account payee bank draft etc. S No. Date of payment To -whom paid Amount(Rs.) 1 06/04/2012 Bhavesh Panchal 75,000- 2 07/04/2012 Bhavesh Panchal 3,22,000- 3 18/04/2012 A KPatel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Mahesh Jadhav 23,040- Total 11,55,540- 4. And Ld. A.O. held that assesse has violated the provisions of section 40A(3) by making these payments otherwise than account payee cheque drawn on a bank or account payee bank draft, exceeds twenty thousand rupees to a person in a day and made addition of ₹ 11,55,540/-. 5. Against the said order, assesse preferred first statutory appeal before the Ld. CIT(A) who confirmed the order of the Ld. A.O. holding that appellant could not discharge onus which lay upon it by adducing any cogent evidence to support the bona fides of the claim. 6. We have heard both the parties ..... X X X X Extracts X X X X X X X X Extracts X X X X
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