Section 6DD of the Income Tax Act
The decision most relied on for Section 6DD is Attar Singh Gurmukh Singh v. ITO (191 ITR 667), cited in 254 of the 42 judgments on BharatTax that turn on this section.
Leading authorities on Section 6DD
Section 40A(3) is not absolute, and its application considers business expediency, practical difficulties, and other relevant factors, while keeping in mind its objective to curb the practice of ploughing unaccounted money into the system.
Section 40A(3) and Rule 6DD are intended to regulate business transactions, prevent the use of unaccounted money, and reduce the chances of using black money. Payments made by crossed cheque or draft facilitate verification of genuineness and source of funds.
The Assessing Officer should exercise discretion under Section 40A(3) by considering business expediency, surrounding circumstances, and the facts of each case, balancing legal requirements with assessee hardship, rather than relying solely on Board circulars.
Cash payments made to farmers are exempt from Section 40A(3) disallowance if the payment is routed through the payee's bank account and is traceable, ensuring the payee receives the funds.
Judgments on Section 6DD
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