1995 (11) TMI 65 - HC - Income Tax

Tribunal Upholds Decision on Income Tax Act Sections 256(2) & 40A(3)

The Tribunal's decision to reject the application for reference to the High Court under section 256(2) of the Income-tax Act was deemed correct. The ... Payments In Cash, Question Of Law Issues involved: Application u/s 256(2) of the Income-tax Act, 1961 for reference to High Court arising from Tribunal's order on addition u/s 40A(3) and deductibility of capital subsidy for depreciation allowance.Addition u/s 40A(3): Assessing Officer added Rs. 2,16,268 under section 40A(3) of the Income-tax Act, 1961. Commissioner of Income-tax (Appeals) deleted the addition citing exceptional circumstances. Tribunal upheld the deletion based on genuineness of payee and unavoidable circumstances for cash payment, in line with Porwal Udhyog (India) v. CIT [1982] 135 ITR 591 (MP). Provisions of section 40A(3) aim to prevent tax evasion through non-crossed payments exceeding a specified limit.Deductibility of Capital Subsidy: Tribunal found no need to address this issue as the applicant withdrew question No. 2. Court Proceedings: Applicant pressed for reference on question No. 1. Tribunal's decision was based on the genuineness of transactions and the circumstances necessitating cash payments due to lack of banking facilities for payees. Tribunal applied the proviso to section 40A(3) to mitigate hardships and prevent illogical disallowances. The Tribunal's factual findings did not raise any legal question, hence the reference application was rightly rejected under section 256(2) of the Act.Conclusion: The Tribunal's decision was deemed correct, as it properly appreciated the facts and did not give rise to any legal question. The application was rejected without costs.