2015 (4) TMI 336

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....Adv. JUDGMENT The Revenue has preferred the appeal against the order passed by the Tribunal, which has held Section 40A(3) of the Income-tax Act, 1961 (for short hereinafter referred to as 'the Act') is not attracted to the facts of the case. 2. The assessee is a 100% Export Oriented Unit engaged in the Exports of Fish. The assessing authority during the course of assessment proce....

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....s purchased through banking channel, there was no reason to invoke the provision of Section 40A(3) of the Act for the entire purchases solely on the issue that the payments were not made to the producer of fish and therefore allowed the appeal and set aside the order of the assessing authority. Aggrieved by the said order, the Revenue is in appeal. On 9.9.2010, the appeal came to be admitted to co....

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....awn on a bank or by a crossed bank draft, [twenty per cent of such expenditure shall not be allowed as a deduction:" 6. Rule 6DD(f) of the Income-Tax Rules, 1962 (for short hereinafter referred to as 'the Rules') reads as under:- "(f) where the payment is made for the purchase of- (i) agricultural or forest produce; or (ii) the produce of animal husbandry (including hides and s....

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....efit of Rule 6DD of the Rules. 9. The material on record discloses that the assessee procures fish from sea shore bordering Goa to Kochi and has been able to make export turn over of more than Rs. 10 crores. The 'producers' of 'fish or fish products' for the purpose of rule 6DD(e) of the Rules would include, besides the fishermen, any headman of fishermen, who sorts the catch of....