Burmah Devi W/O. Gokul Chand, Rewari vs Ito Ward -1, Rewari on 11 September, 2024
8. At the time of hearing, ld. AR for the assessee submitted that assessee
never operated bank account and all the transactions in the business are carried
through cash only. Assessee having a wine shop purchases all the wines by
cash and sells the same in cash. The assessee habitually pays for the purchases
after closing of business every day or as the case may be. The Revenue
authorities has already acknowledged that the assessee has operated business
only by cash and not through bank. Since the assessee does not operate any
bank and made the cash payment on the basis of collection which is below the
limit of Rs.20,000/-, assessee has not violated section 40A(3) of the Act. He
4
ITA No.9555/DEL/2019
also brought to our notice trading and profit & loss account for the year ending
31.03.2009. Further, he relied on the decision of Hon'ble Punjab & Haryana
High Court in the case of Gurdas Garg vs. CIT(A), Bathinda & Anr. 2015 (8)
TMI 569 and he further relied on the decision of coordinate Bench in the case of
Shakti Singh Gulia vs. ITO, Ward 4, Rohtak in ITAs No.6115/Del/2018 &
4618/Del/2019 dated 15.06.2023.