Surya Merchants Ltd. v. DCIT (2019) 174 ITD 393 (Delhi) (Trib.)

S. 40A(3) : Expenses or payments not deductible – Cash payments exceeding prescribed limits -Payments were made during public holidays -No disallowance could be made – Payments to agents- No disallowance can be made. [R.6DDJ, 6DDK ]

Allowing the appeal of the assessee the Tribunal held that, payments exceeding Rs. 20,000 for purchase of construction materials on bank holidays, due to business needs to complete the project on time . Disallowance is held to be not justified. Assessee also  produced  documentary evidences to show that person to whom payments were made in cash in excess of Rs. 20,000 had acted as agent of assessee for purchase of construction material on behalf of assessee, such payments would fall under exception clause of rule 6DD(k)  hence no disallowance can be made . (AY. 2006 -07 to 2009-10)