2017 (7) TMI 1338

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.... (Ld. CA) ORDER N. K. Choudhry:  The instant appeal filed by the Revenue Department, feeling aggrieved against the order dated 26th July, 2016 passed by the Ld. CIT(A)-2, Amritsar in Appeal No.34/2014-15, U/s 250(6) of the I.T. Act. 2. The Revenue Department has raised the following grounds of appeal: "In the case of Sh. Sakun Aggarwal S/o Sh. Anil Aggarwal, Garden Colony....

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....r Asst. Year:2011-12 on 28.02.2012 declaring total income of Rs. 61,67,219/- and the said return was processed U/s 143(2) dated 25.06.2012 and the Assessing Officer determined the liability of the assessee by holding as under: "The Section 40A(3) was enacted to curb the proliferation of black money. The whole of the section was to force the use of banking channel where transaction and ide....

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....Asr)/2014 in the assessee's own case deleted the disallowance of Rs. 1,56,87,500/- by holding as under: "With regard to the disallowance of Rs. 1,56,87,000/- U/s 40A(3) of the I.T. Act, the Hon'ble ITAT vide its order in ITA No.478(Asr)/2014 vide order dated 27.05.2016 had deleted this addition for the reason that in the sale deed there is no mention of the name of the assessee and theref....

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....l facts as in the year under consideration, therefore, the disallowance of Rs. 1,56,87,500/- u/s 40A(3) of the Act in the year under consideration is deleted." 5. We have gone through with the facts and circumstances of the case as it is clear from the facts of the case that the assessee had not made any cash payment to the land owners directly and the sale deed have been executed between the l....