1984 (7) TMI 9

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.... 'A' Bench, Patna, under section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as the "Act"), and the following question of law has been referred for the opinion of this court : "Whether, on the facts and in the circumstances of the case, the addition of Rs. 10,000, under section 40A(3) of the Income-tax Act, 1961, is legal and proper ?" The assessee is a firm. The assessment y....

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....x too. The further submission which was rejected was that it was in order to maintain the business relation and it was obligatory on the part of the assessee to maintain the tradition of payment in cash to the messenger who used to come to collect cash from the assessee. The legal submission, namely, that rule 6DD(j) read with section 40A(3) was of avail to the assessee was, therefore, rejected. A....

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.... assessment order (Annexure-A), the first appellate order (Annexure-B) and the second appellate order of the Tribunal (Annexure-C), we find that the matter has been decided on the evidence and materials on the record and the legal points raised on behalf of the assessee were rejected on an appreciation of all the materials on the record. Mr. K. N. Jain, learned counsel for the assessee, was unable....