Puneet Sahdev, Jammu vs The Income Tax Officer, Jammu on 30 June, 2020
Further, we find that the ITAT, Pune
in the case of Rajmal Lakhichand vs. Asstt. CIT (2001) 79 ITD 84 (Pune), had observed, that the
provisions of Sec 40A(3) are to be invoked when the Department has evidence with itself that the
assessee had made payments in cash exceeding the prescribed limits. It was observed by the
Tribunal that disallowance cannot be made merely on the basis of a presumption that the assessee
must have made payments in cash and that too exceeding the prescribed limits.