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Income Tax

Direct cash deposit in suppliers bank a/c not attract disallowance u/s 40A (3)

Case Law Details

Case Name
Bolkunda Pachwai & (S) C.S. Shop vs. Income-tax Officer (ITAT Kolkata)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2008-09 & 2009-10
Advertisement CA Saurabh Chokhra Brief of the case: The ITAT Kolkata in the above cited case held that the consequence, which were to be fall on  account of non-observation of section 40A(3) must have nexus to the failure of object of introducing of the provision. Therefore, no disallowance can be made if the transactions do not defeat the object of Sec 40A(3) in as much as there genuiness is not challenged and they can be tracked end to end. Therefore , deposit in bank account of supplier in compliance with govt. regulations who is wholesale dealer  where genuiness of transaction is no...
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Author Info

CA Saurabh Chokhra
Qualification: CA in Job / Business
Location: Hyderabad, Telangana
Articles Published: 243

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