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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)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2008-09 & 2009-10
- Courts
- All ITAT, ITAT Kolkata
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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...






