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Judgment
Having heard learned counsel for the parties, we are of the view that the following questions of law do arise from the Tribunal''s order :
"(i) Whether, on the facts and circumstances of the case, the Income Tax Appellate Tribunal was justified in law in holding that the payments for purchases amounting to Rs. 52, 179 were liable to be added under the provisions of Section 40A(3) of the Income Tax Act, 1961 ?
(ii) Whether, on the facts and circumstances of the case, the Income Tax Appellate Tribunal was justified in law in holding that all the payments on the same day were to be added to consider if the individual payments in cash exceeding Rs. 2,500 were made and were caught by the provisions of Section 40A(3) of the Income Tax Act, 1961 ?"
The Income Tax Appellate Tribunal, Allahabad Bench, Allahabad, is directed to draw up a statement of the case and refer the aforesaid two questions of law for the opinion of this court.
The application is, therefore allowed. Parties shall bear their own costs.