Section 40A(3) Disallowance via Section 143(1) intimation is untenable

Shubh Arya Steel Pvt. Ltd. Vs ACIT (ITAT Mumbai)

Disallowance u/s 40A(3) would not fall within the ambit of a prima facie error or arithmetical error warranting adjustment in terms of Section 143(1) of the Act unsustainable.

Facts-

Assessee is a partnership firm carrying on business of ship breaking. ROI for the A.Y.2018-19 was filed by the assessee on 14/09/2018. ROI was processed by the ld. CPC u/s.143(1) of the Act on 16/10/2019. While processing the intimation u/s.143(1), cash payments in excess of Rs.20,000/- which are in violation of Rule 6DD of the Income Tax Rules in the sum of Rs.1,71,043/- was sought to be disallowed u/s.40A(3) of the Act in the intimation.

Conclusion-

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