COMMISSIONER OF INCOME TAX-XIII Vs. HITESH BANSAL

JUDGEMENT

(1.) THIS appeal by the Revenue pertains to assessment year 2008 -09 and impugns order dated 9th May, 2014 passed by the Income Tax Appellate Tribunal (Tribunal, for short) .

(2.) LEARNED counsel for the Revenue has relied upon decision of the Himachal Pradesh High Court in Commissioner of Income Tax versus Dalip Chand and Sons : (2008) 301 ITR 276 (HP) . In the said decision, it has been held that even prior to the amendment of Section 40A(3) of the Income Tax Act, 1961 (Act, for short) with effect from 1st April, 2009, effect should be given to the said provision by aggregating the total cash payments towards expenditure made to a particular person during a day. It is noticeable that the Tribunal in the impugned order has referred to judgments, which take the other view and reliance has been placed upon the decision of the Orissa High Court in Commissioner of Income Tax, Orissa versus Aloo Supply Co. : (1980) 121 ITR 680 (Orissa) and the Madhya Pradesh High Court in CIT versus Treveni Prasad Pannalal : (1997) 228 ITR 680 (MP) . Another decision of the Allahabad High Court in Kiran Jaiswal versus ITO, ITA No. 191/2008 decided on 3rd May, 2012 reported as : 2013(1) ALJ 357 has been quoted. The decision in Aloo Supply Co. (supra) was pronounced on 18th December, 1979, interpreting the word "sum" in the following manner: -

(3.) IN view of the aforesaid factual position, we are not inclined to interfere with the impugned order of the Tribunal. The appeal of the Revenue is dismissed.