1996 (4) TMI 35

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....ssioner of Income-tax, Bhopal), has filed this application under section 256(2) of the Income-tax Act, 1961 (for short "the Act"), seeking a direction to the Tribunal to state the case and to refer the question, as extracted below, arising out of the order passed on June 14, 1993, in I. T. A. No. 115/Ind of 1989 on rejection of the application presented under section 256(1) of the Act registered a....

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....es. He, therefore, disallowed such payments totalling Rs. 1,56,253 under section 40A(3). On appeal, the Commissioner of Income-tax (Appeals), confirmed this disallowance. The Tribunal, however, deleted the disallowance holding that the provisions of section 40A(3) were not applicable. Aggrieved, the applicant filed an application under section 256(1) of the Act. That application was rejected on Ma....

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....lf by the Central Government by notification in the Official Gazette, in a sum exceeding ten thousand rupees otherwise than by a crossed cheque drawn on a bank or by a crossed bank draft, such expenditure shall not be allowed as a deduction." March 31, 1969, is the date specified, vide Notification No. S.O. 623, dated February 14, 1969. The Assessing Officer disallowed the deduction and the ....

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....t the payees were not identifiable persons. The addition of Rs. 1,56,250 is deleted." Counsel for the applicant on being asked, realised that the question proposed is unnecessarily lengthy and proposed the reformulated question as under : "Whether, in the facts and circumstances of the case, the Tribunal is justified in deleting the addition of Rs. 1,56,253 contrary to section 40A(3) of the ....