2017 (2) TMI 1387

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....p; ORDER PER SHRI KUL BHARAT, JM. Since there was a difference of opinion between the learned Members, constituting a Division Bench of I.T.A.T., Jaipur, the Hon'ble President, I.T.A.T. nominated Shri Bhavnesh Saini, Judicial Member as Third Member. The Hon'ble Third Member vide order dated 02.02.2017 concurred with the findings of the Hon'ble Accountant Member and held as under :- ....

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....de under section 40A(3) of Income Tax Act. The learned Accountant Member has, therefore, rightly followed the decision of the coordinate Bench on identical issue in the case of Shri Rahul Pancholi (supra) in which on identical facts and issue, the departmental appeal was dismissed. Interestingly, the learned Judicial Member who has dismissed appeal of the assessee on the same set of facts, was the....

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....or. If such view is considered, it would make proviso to section 40A(3) redundant. The ld. Counsel for the assessee, however, given an undertaking during the course of hearing that assessee, in future has made alternate arrangement to make payment for electricity bill as per provisions of law so that there is no violation o provisions of section 40A(3) of Income Tax Act. 6. Considering th....