Section 40A(3) of Income Tax Act, 1961— Aggrieved against the order of the Tribunal the assessee has approached this Court claiming the following substantial question of law :-

Whether the provisions of Section 40A(3) the disallowance can be made without appreciating the chargeability of transactions to tax by way of TCS forms in accordance with Section 206CA r.w. Rule 114A substantiating the purchases made and the genuineness thereof ?

Held that— We are in agreement with learned counsel for the Revenue. In view of the shifting stand taken by the appellant, no illegality can be found with the order of the Tribunal which, it must be remembered, has not restored the order of the Assessing Officer but has asked both the parties to lead evidence in support of their claims and by source no prejudice can be caused to the appellant.[LALIT SINGLA VERSUS COMMISSIONER OF INCOME TAX, PATIALA (PUNJAB)][2019] 20 ITCD Online (11) [PUNJAB & HARYANA HIGH COURT]