6-10-2006

CIRCULAR NO 8/2006

Subject: Clarification regarding the meaning of the expression 'the produce of animal husbandry' used in sub-clause (ii) of clause (f) of rule 6DD of the Income-tax Rules, 1962.

Reference is invited to the clarification issued vide Circular No. 4/2006 dated 29th March, 2006 on the above subject. Vide this circular, it was clarified that the expression 'the produce of animal husbandry' used under rule 6DD(f)(ii) would include 'livestock and meat' and in a case where payment exceeding rupees twenty thousand is made to a producer of the products of animal husbandry (including livestock, meat, hides and skins) otherwise than by a crossed cheque drawn on a bank or by a crossed bank draft for the purchase of such produce, no disallowance should be attracted under section 40A(3) read with rule 6DD. It was further clarified that the above exception will not be available in respect of payment for the purchase of livestock, meat, hides and skins from a person who is not proved to be the producer of these goods and is only a trader, broker or any other middleman by whatever name called.

2. Representations have been received from certain quarters seeking further clarification as to who are the producers of livestock and meat and the evidence required to be furnished in this regard by the persons making the payments.

3. The Board after examination of the issue is of the view that any person, by whatever name called, who buys animals from the farmers, slaughters them and then sells the raw meat carcasses to the meat processing factories or to the traders/retail outlets would be considered as producer of livestock and meat.

4. The benefit of rule 6DD of the I.T. Rules, 1962 shall be available to the person referred to at para 3 above subject to furnishing of the following:-

(i) A declaration from the person receiving the payment that he is a producer of meat;

(ii) A confirmation that the payment, otherwise than by an account payee cheque or account payee bank draft, was made on his insistence; and

(iii) A further confirmation from a veterinary doctor certifying that the person specified in the certificate is a producer of meat and that slaughtering was done under his supervision.

F.No.225/106/2006-ITA-II

(Renu Jauhri)
Director (ITA-II)

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