Section 40A(3) not applicable to cash payment for purchase of stock-in-trade

Vikrant Happy Homes Pvt. Ltd. Vs DCIT (ITAT Pune)

Coming to the facts on hands in the present case the fact remains admitted that the sellers from whom the assessee purchased lands were identified the transaction and also acknowledged the cash payments, thereby, it shows the transaction is genuine, as discussed in the foregoing paragraphs that the assessee treated the said lands as stock-in-trade and no deduction claimed. The ratio laid down of the Hon’ble High Court of Bombay in the case of Madhav Govind Dulshete (supra) as to whether the disallo

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