Section 40A(3)

Draft Submission under Section 40A(3) of Income Tax Act ,1961

Income Tax - Written Submission in respect of Shri XXXXXXXX , XXXXXXX , XXXXXXXX , for the A.Yr. 2014-15 before the Hon’ble Commissioner of Income Tax(Appeals),XXXXXXXXX, XXXXXXXXi Respected Sir, Addition of Rs. 326000.00,Section 40A(3) of the Income Tax Act, 1961 Out of Total Purchases of Rs. 1005450.00(Including VAT) made during the F.Yr. 2013-14 ...

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When to Say No to Cash Transaction under Income Tax Act, 1961

Income Tax - A. Income Tax Act, 1961 discourages transactions in cash through several of its provisions. This is done with a view to- counteracting money laundering and tax evasion; encouraging transparent business practices; providing enabling environment for growth of transparent businesses; & easing of auditing and investigations. B. The provis...

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Disallowance for Cash Payment under Section 40(A)(3)

Income Tax - Disallowance of Expenditure made in Cash- Section 40A(3) & 3(A) (Read with Rule 6DD) (Read with Section 269 ST & Section 271 DA of Income Tax Act, 1961) (Read with Notification 08/2020) Section 40A(3) Cash Payment in Current Year Any payment made to a Person, in a day, for a single Bill exceeding Rs. 10,000 […]...

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Cash restrictions under income tax act (with illustrations)

Income Tax - Keeping a check on cash transactions under income tax (with illustrations) INTRODUCTION: We come across a common saying ‘Cash is King,’ however idle cash can never generate any interest income, therefore channelizing the idle money into digital mode shall generate income. The Cashless economy is a system where majority of transactions...

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Cash Transactions in Agriculture Sector- Income Tax Provisions

Income Tax - In India, a large population is engaged in the agriculture sector and there are numerous transactions regarding sale and purchase of agriculture produce. The farmers sell their agriculture produce to Pacca Arahtias i.e. traders through kachha Arahtias. Kachha arahtia are commission agents and are only facilitators of auctions/sales of agr...

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SIT report: Restrict Cash Transaction/Holding to curb black money

Income Tax - It is suggested that there should be a positive provision under the I.T. Act that any transaction involving more than Rs.3,00,000/– (Rupees Three Lacs) shall be invalid & illegal and would be a punishable offence, if amount is not paid by account payee cheque or account payee bank draft or use of electronic clearing system through a ban...

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No section 40A(3) disallowance if AO not doubted genuineness of expenses

Kedar Nath Sawhney Vs ACIT (ITAT Delhi) - Kedar Nath Sawhney Vs ACIT (ITAT Delhi) The assessee in terms of its contract is bound to deliver the goods within the stipulated time. In the course of such transportation, the assessee is bound to incur expenses for putting fuel in the vehicle, payment of toll gate charges, incurring of expenses f...

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Genuineness irrelevant while disallowing expenses – Section 40A(3)

Vaduganathan Talkies Vs ITO (Madras High Court) - Revenue is right in contending that the genuinity of the transaction is hardly a matter, which should weigh in the minds of the Assessing officer while examining as to the whether the assessees had violated Section 40A(3) of the Act....

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No section 40A(3) disallowance if test of genuineness of transactions satisfied

K.K. Construction Co. Vs. ACIT (ITAT Jaipur) - K.K. Construction Co. Vs. ACIT (ITAT Jaipur) Conclusion: Dis allowance under section 40A(3) could not be made as identity of persons from whom purchases had been made was established; source of cash payments was clearly identifiable in form of withdrawals from assessee’s bank accounts and the said...

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Cash expense disallowable U/s. 40A(3) if no sufficient cause

Nam Estates Pvt. Ltd Vs. ITO (Karnataka High Court) - Assessee couldn’t demonstrate with cogent evidences that there was business expediency or sufficient cause for such cash payment. Assessee failed to prove that the case was covered in the exception clause as provided under section 40A(3) read with Rule 6DD....

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No Section 40A(3) disallowance if Bank Account was Not Operational due to Attachment

PCIT Vs Sumukha Synthetics (Madras High Court) - The issue under consideration is whether the disallowance under Section 40A(3) of the Act as made by the Assessing Officer is sustainable under Income Tax Act when banking facility was available but the bank account could not be operated by the very bank themselves because of an order of attachment ...

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Recent Posts in "Section 40A(3)"

Draft Submission under Section 40A(3) of Income Tax Act ,1961

Written Submission in respect of Shri XXXXXXXX , XXXXXXX , XXXXXXXX , for the A.Yr. 2014-15 before the Hon’ble Commissioner of Income Tax(Appeals),XXXXXXXXX, XXXXXXXXi Respected Sir, Addition of Rs. 326000.00,Section 40A(3) of the Income Tax Act, 1961 Out of Total Purchases of Rs. 1005450.00(Including VAT) made during the F.Yr. 2013-14 ...

Read More
Posted Under: Income Tax |

When to Say No to Cash Transaction under Income Tax Act, 1961

A. Income Tax Act, 1961 discourages transactions in cash through several of its provisions. This is done with a view to- counteracting money laundering and tax evasion; encouraging transparent business practices; providing enabling environment for growth of transparent businesses; & easing of auditing and investigations. B. The provis...

Read More
Posted Under: Income Tax | ,

No section 40A(3) disallowance if AO not doubted genuineness of expenses

Kedar Nath Sawhney Vs ACIT (ITAT Delhi)

Kedar Nath Sawhney Vs ACIT (ITAT Delhi) The assessee in terms of its contract is bound to deliver the goods within the stipulated time. In the course of such transportation, the assessee is bound to incur expenses for putting fuel in the vehicle, payment of toll gate charges, incurring of expenses for routine and exceptional […]...

Read More

Disallowance for Cash Payment under Section 40(A)(3)

Disallowance of Expenditure made in Cash- Section 40A(3) & 3(A) (Read with Rule 6DD) (Read with Section 269 ST & Section 271 DA of Income Tax Act, 1961) (Read with Notification 08/2020) Section 40A(3) Cash Payment in Current Year Any payment made to a Person, in a day, for a single Bill exceeding Rs. 10,000 […]...

Read More
Posted Under: Income Tax |

Cash restrictions under income tax act (with illustrations)

Keeping a check on cash transactions under income tax (with illustrations) INTRODUCTION: We come across a common saying ‘Cash is King,’ however idle cash can never generate any interest income, therefore channelizing the idle money into digital mode shall generate income. The Cashless economy is a system where majority of transactions...

Read More
Posted Under: Income Tax |

Cash Transactions in Agriculture Sector- Income Tax Provisions

In India, a large population is engaged in the agriculture sector and there are numerous transactions regarding sale and purchase of agriculture produce. The farmers sell their agriculture produce to Pacca Arahtias i.e. traders through kachha Arahtias. Kachha arahtia are commission agents and are only facilitators of auctions/sales of agr...

Read More
Posted Under: Income Tax |

Disallowance u/s 40A(3) vs Restrictions on cash u/s 269ST

Example: Five separate invoices of Rs. 60,000 each were issued to a customer. The customer intends to make cash payment in installments of Rs. 10,000 each on daily basis. State the applicability of Sec 269ST and 40A(3)? As per sec 40A(3), if any payment is made by an assessee to a person in a day above Rs.10,000, other than […]...

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Posted Under: Income Tax |

Analysis of Section 40A(3) & Section 40A(3A) of Income Tax Act, 1961

Analysis of Section 40A(3) and 40A(3A) (a) Analysis of sec 40A(3) of the Act. Where payment is made in the year the expenditure is incurred: 100% disallowance of payment if in excess of Rs. 10,000 and not by a/c payee cheque/draft/ECS. [Sec 40A(3)] There are following two conditions for the applicability of this section. If both of [&he...

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Posted Under: Income Tax |

Know when to say no to cash transactions

We were told by history that before advent of cash there was concept of barter system though barter system where there was no currency ‘no cash’ and things were exchanged according to needs and sooner society realized that barter system having its own series of advantages and disadvantages need to be left behind with time and later on...

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Posted Under: Income Tax | ,

Section 40A(3) of Income Tax Act, 1961 read with Rule 6DD

Article explains Section 40A(3) of Income Tax Act, 1961 read with Rule 6DD i.e. Cash Payment in excess of Rs. 10,000 to single person in a single day, Exception to Section 40A(3) of Income Tax Act, 1961 (Rule 6DD), Clauses omitted by the Income-tax (3rd Amendment) Rules, 2020 and Important Notes related to Section 40A(3) […]...

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Posted Under: Income Tax |

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