parties and in
some cases are covered by circumstances notified in Rule 6DD
particularly Rude DD (j) of the I.T Rules, 1962. Therefore ... circumstances specified under the rule. It will be clear from the provisions of section
40A(3) and rule 6DD that they are intended to regulate
expediency" as mandated only
in Rule 6DD (a) to 6DD(I) of the I.T. Rules, 1962 while the
case or circumstance ... fancies and as suits to the assessee. Therefore
Rules have been prescribed which are Rule 6DD of I.T.Rules, 1962 and
nothing beyond that
requirement to make payments on holiday to
claim exception under Rule 6DD(j)."
3. As facts and issues are identical, for the sake ... application of sec 40A(3) is
laid down in Rule 6DDJ. Rule 6DD after its amendment
from 1995, reads as under:
Rule 6DD
Prior
that the assessee's case falls
under the purview of Rule 6DD(J) of Income-tax Rules, 1962 as
such provisions of section ... would qualify for
exemption u/s 40A(3) r.w.r. 6DD. Rule 6DD gives the assessee
an exemption if the payment is made
banking 4,49,45,449
facilities available (Clause (g) of Rule 6DD)
2. Cash payments on which day banks were closed on account ... application of sec 40A(3) is laid
down in Rule 6DDJ. Rule 6DD after its amendment from 1995,
reads as under:
Rule 6DD
Prior
plea of the assessee that the cash payments were covered under Rule
6DD(k) of Income Tax Rules was also rejected and addition ... Rules in particular clause (k) to Rule
6DD of the Rules.
16. Under Rule 6DD of the Rules, cases and circumstances in which
payments
transports in the circumstances
covered U/s 40A(3) and rule 6DD.
The learned Assessing Officer made the addition ... cash payment under Rule 6DD of the Rules
and 25% not allowed under Rule 6DD.
6 ITA 408 & 292/JP/2012
ITO Vs. Ramesh
6DD(k) of the I.T Rules and the Tribunal has
considered the Rule 6DD(b), would not hold water in so far as exemption ... 6DD(b) of the I.T Rules 1962. Admittedly, the AO
has recognised that the provision of Rule 6DD(b) of the I.T Rules
Rules and the Tribunal and the ld.CIT(A) both have
considered the Rule 6DD(b), would not hold water in so far as exemption ... 6DD(b) of the I.T Rules 1962. Admittedly, the AO
has recognised that the provision of Rule 6DD(b) of the I.T Rules
respect of the cash purchases in view of the provisions of Rule
6DD(e) & (k)."
6. From the submissions and details furnished ... exempt for the
purposes of section 40A(3) under Rule 6DD(e) & (k). Please
note that Rule 6DD (e) is applicable only when purchases
