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    <title>2016 (11) TMI 525 - ITAT KOLKATA</title>
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    <description>Cash payments made under a statutory excise payment mechanism to the wholesale licensee appointed for country spirit were held to fall outside disallowance under section 40A(3) because the payee was identifiable, the transactions were genuine, and the licensee acted as an agent of the State Government for the relevant purpose. The object of section 40A(3) was not frustrated, as the payments were traceable and made pursuant to the regulatory framework. The tribunal treated the payments as covered by the exceptions in Rule 6DD(b) and Rule 6DD(k) and recognised the commercial expediency of the payment mode, so the disallowance was not sustainable.</description>
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      <title>2016 (11) TMI 525 - ITAT KOLKATA</title>
      <link>https://www.taxtmi.com/caselaws?id=334507</link>
      <description>Cash payments made under a statutory excise payment mechanism to the wholesale licensee appointed for country spirit were held to fall outside disallowance under section 40A(3) because the payee was identifiable, the transactions were genuine, and the licensee acted as an agent of the State Government for the relevant purpose. The object of section 40A(3) was not frustrated, as the payments were traceable and made pursuant to the regulatory framework. The tribunal treated the payments as covered by the exceptions in Rule 6DD(b) and Rule 6DD(k) and recognised the commercial expediency of the payment mode, so the disallowance was not sustainable.</description>
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