- (1.) WE have heard Shri Dhananjay Awasthi, learned counsel for the revenue. This appeal under Section 260A of the Income -tax Act, 1961 arises out of the judgment/order dated 11.1.2013 passed by the Income Tax Appellate Tribunal, Agra Bench, Agra in I.T.A. No. 319/Agra/2009 for the assessment year 2006 -07.
(2.) THE revenue has preferred the appeal on the following substantial questions of law: - - 1. Whether the ITAT in the facts and circumstances has correctly interpreted the provisions of Section 40A(3). 2. Whether the ITAT erred in law in giving a finding that assessee's case was not covered by Circular No. dated 05.03.1970 but was covered by Circular No. 452 which deals with Section 44AB. Whether the ITAT was justified in ignoring the assessment order, specially the fact that payments over Rs. 5,17,96,824/ - have been made but none of the entries exceeds Rs. 20,000/ -.
(3.) WHETHER the ITAT was justified in ignoring the fact that the cash payments were not made to Farmers for which the CBDT has made an exception in Circular No. dated 05.03.1970, but cash payments were made to Kachcha Arahtiyas who were having Bank Accounts as is evident from the fact that Income Tax refunds have been issued to 16 out of 24 persons.;