2009 (8) TMI 48

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..... his appeal and the question of law raised is "whether in the facts and circumstances of the case, the Tribunal was right in holding that no disallowance under Section 40A(3) can be made where the assessee had admittedly made payment exceeding Rs.20,000/- other than by way of crossed cheque?" 2. The assessee succeeded before the Commissioner of Income Tax (Appeals). The appeal preferred by the rev .....

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..... y be prescribed, having regard to the nature and extent of banking facilities available, considerations of business expediency' and other relevant factors." 5. If we apply the specific stipulations contained in the proviso, we find that it depends upon the nature and extent of banking facilities available, considerations of business expediency and other relevant factors in order to enable an asse .....

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..... of the said position, namely, the application of the proviso to Section 40A(3) of the Act, we do not find any question of law, muchless substantial question of law involved in this appeal. The perception of the Commissioner of Income Tax (Appeals) as well as the Tribunal while applying the proviso to Section 40A(3) was perfectly in order, which was based on the special circumstances involved in t .....

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