Judgment

CHANDRACHUD, J. - The assessee-firm, which is the appellant before us, does business in brass and copper scrap on a wholesale basis. It purchased metal scrap during the assessment year 1970-71, for which it paid a sum of Rs. 2,46,625/- consisting of various items, each one of which exceeded Rs. 2,500/-. It claimed these amounts as allowable deductions, whereupon a question arose whether payments made in cash in excess of Rs. 2,500/- at a time could be claimed as deductions in view of the provisions contained in S. 40-A (3) of the Income-tax Act, 1961.

2. The Revenue Authorities and the Appellate Tribunal rejected the assessees claim, holding that the case fell squarely within the terms of S. 40-A (3) and that none of the Exceptions contained in R. 6-DD was attracted.

3. The assessee asked the Appellate Tribunal to make a reference to the High Court which the Tribunal declined to do on the ground that its judgment did not give rise to any question of law. The assessee then approached the High Court of Allahabad asking that the Tribunal be directed to make a reference to it on the questions raised by the assessee. The Order of the High Court dismissing the application for refer