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Case Law Details

Case Name : DCIT Vs OCS Services (India) Pvt. Ltd. [ ITAT Mumbai 'C' Bench]
Appeal Number : ITA NO. 7715/MUM/2007
Date of Judgement/Order : 07/05/2009
Related Assessment Year :
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RELEVANT PARAGRAPH

8. We have heard the arguments of both the sides and also perused the relevant material on record. It is observed that there is no dispute about the fact that the payments in question were made by the assessee company in cash in excess of Rs.20,000/- towards service charges to the crew. The dispute, however, is that whether the said payments were covered by the exceptions prescribed in Rule 6DD(j) having regard to all the relevant facts of the assessee’ case. The provisions of the said rule read as under: –

“Rule 6DD No disallowance under sub-section (3) of Section 40A shall be made where any payment in a sum exceeding twenty thousand rupees is made otherwise than by a crossed cheque drawn on a bank or by a crossed bank draft in the cases and circumstances specified hereunder namely –

(a) where the payment is made to –

(i)

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