Section 40A(3)

Object of Section 40A is to curb flow of black money & not to put an impediment to Business

Income Tax - The object of the provisions of Section 40A is to curb the flow of black money and not to put an impediment to the trade and Business The Hon’ble Tribunal accepted the plea of the assessee The writ petition of the CIT was reject ted by the Hon’ble PB and Hr. High Court The plea […]...

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TOP 10 High value cash transaction that may lead to income tax notice

Income Tax - Restriction on CASH Transaction along with TOP 10 High value cash transaction that may lead to income tax notice DID you know CASH transaction Limit under Income tax and GST and what are the HIGH value Transaction? This article will help you to solve your problems related to 2 important areas 1) Restriction on CASH […]...

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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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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 infringement of Section 40A(3) four cash payment for seeds to villagers & tribals in naxalite area

Bharat Agro Industries Vs ITO (ITAT Raipur) - Bharat Agro Industries Vs ITO (ITAT Raipur) The first allegation concerns infringement of Section 40A(3) of the Act and consequent applicability of Section 40(a)(ia) of the Act. In this regard, it is the case of the assessee that purchases were made from villagers/Tribals who are procuring the seeds...

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No disallowance merely on non-disclosure of mode of payment of salary to security guards

Neetu Juneja Vs ITO (ITAT Delhi) - Merely because assessee had not disclosed mode of payment of salary i.e. either by cheque or cash, the same should not doubted especially when such salary to security guards came to Rs.27,000/- per month for four persons. Even, if the payment was made in cash, there would be no violation of section ...

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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 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)"

Object of Section 40A is to curb flow of black money & not to put an impediment to Business

The object of the provisions of Section 40A is to curb the flow of black money and not to put an impediment to the trade and Business The Hon’ble Tribunal accepted the plea of the assessee The writ petition of the CIT was reject ted by the Hon’ble PB and Hr. High Court The plea […]...

Read More
Posted Under: Income Tax |

No infringement of Section 40A(3) four cash payment for seeds to villagers & tribals in naxalite area

Bharat Agro Industries Vs ITO (ITAT Raipur)

Bharat Agro Industries Vs ITO (ITAT Raipur) The first allegation concerns infringement of Section 40A(3) of the Act and consequent applicability of Section 40(a)(ia) of the Act. In this regard, it is the case of the assessee that purchases were made from villagers/Tribals who are procuring the seeds and supplying the same to the assessee....

Read More

No disallowance merely on non-disclosure of mode of payment of salary to security guards

Neetu Juneja Vs ITO (ITAT Delhi)

Merely because assessee had not disclosed mode of payment of salary i.e. either by cheque or cash, the same should not doubted especially when such salary to security guards came to Rs.27,000/- per month for four persons. Even, if the payment was made in cash, there would be no violation of section 40A(3)....

Read More

TOP 10 High value cash transaction that may lead to income tax notice

Restriction on CASH Transaction along with TOP 10 High value cash transaction that may lead to income tax notice DID you know CASH transaction Limit under Income tax and GST and what are the HIGH value Transaction? This article will help you to solve your problems related to 2 important areas 1) Restriction on CASH […]...

Read More
Posted Under: Income Tax |

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...

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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...

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Posted Under: Income Tax |

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