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Section 40A(3)

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Section 40A: Expenses or payments not deductible in certain circumstances

Income Tax : Summary of Section 40A disallowances, including payments to related parties, cash payments, gratuity provisions, non-statutory fun...

November 17, 2025 15624 Views 0 comment Print

Prohibited transaction in cash/limit on cash transactions

Income Tax : Summary of income-tax rules on cash limits, including disallowance of cash expenditure, restrictions on loans, deposits, receipts,...

November 15, 2025 30072 Views 0 comment Print

Electricity bill payment in cash: Allowed or not?

Income Tax : Learn if cash payments over ₹10,000 for electricity bills are allowed under Section 40A(3) of Income Tax Act. Understand exempti...

September 30, 2024 9792 Views 0 comment Print

Restrictions on Cash Payments Under Income Tax Act on certain transactions

Income Tax : Section 40A(3) restricts cash payments exceeding ₹10,000 in business transactions. Exceptions apply for specific cases like tran...

September 10, 2024 8247 Views 0 comment Print

Navigating Cash Clarity: Ensuring Tax Compliance in Real Estate Deals

Income Tax : Explore the rules and regulations governing cash transactions in real estate deals to ensure tax compliance. Learn about permissib...

May 13, 2024 1791 Views 0 comment Print


Latest News


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/...

July 14, 2016 24202 Views 0 comment Print


Latest Judiciary


ITAT Deletes Section 40A(3) Disallowance as No Single Cash Payment Exceeded Rs. 10,000

Income Tax : ITAT Delhi upheld deletion of disallowance under Section 40A(3) after finding that payments were made to multiple labourers and no...

May 10, 2026 936 Views 0 comment Print

ITAT Surat Deleted Interest Disallowance as Loans Given from Interest-Free Funds

Income Tax : The Tribunal held that no disallowance under section 36(1)(iii) can be made where loans are advanced from interest-free funds. It ...

March 28, 2026 336 Views 0 comment Print

Capital Payment for Land Purchase Cannot Be Disallowed Under Section 40A(3): ITAT Nagpur

Income Tax : The Tribunal held that cash payments for land purchase cannot be disallowed under Section 40A(3) if not claimed as expenditure. Si...

March 21, 2026 756 Views 0 comment Print

Year-End Provisions Attract TDS – Disallowance u/s 40(a)(ia) Does Not Bar Action u/s 201 – Matter Restored for Limited Verification – ITAT Bangalore

Income Tax : ITAT Bangalore held that year-end expense provisions can attract TDS under the IT Act. The matter was restored for limited verific...

March 4, 2026 570 Views 0 comment Print

ITAT Raipur Remands Cash Purchase Disallowance for Rule 46A Breach; Late TDS Interest Held Disallowable

Income Tax : The Tribunal ruled that admission of fresh evidence without AOs examination violated procedural rules. The deletion of ₹2 crore ...

February 18, 2026 393 Views 0 comment Print


Section 40A(3) not applies to cash payments deposited in bank account of payee

May 6, 2023 10470 Views 0 comment Print

ITAT Kolkata held that provisions of section 40A(3) of the Income Tax Act doesn’t apply to cash payments when ultimately the amount is deposited in the bank account of the payee.

No section 40A(3) disallowance for non-maintenance of books by supplier

April 23, 2023 1629 Views 0 comment Print

ITAT held that in this case disallowance u/s 40A(3) of the Act has not been found from the books of accounts of the assessee. Rather the plea is that the suppliers have not maintained proper books of accounts.

PCIT exercising suo motu revisional power cannot travel beyond scope of limited scrutiny in original order

March 17, 2023 1122 Views 0 comment Print

Orissa High Court held that while exercising suo motu revisional power u/s. 263 of the Act, the CIT cannot travel beyond the scope of the issues which form part of the ‘limited scrutiny’ in the original Assessment Order.

Rice is an agricultural produce exempt from disallowance u/s 40A(3) of Income Tax Act

February 14, 2023 4374 Views 0 comment Print

ITAT Chennai held that rice being specified in schedule is covered within the definition of agricultural produce as per provision of Tamil Nadu Agricultural Produce Marketing (Regulation) Act, 1987. Accordingly, as per Rule 6DD(e)(i) of the Income Tax Rules the same is exempt from disallowance under section 40A(3) of the Income Tax Act.

Cash payment to directors in violation of Section 40A(3) allowed

February 6, 2023 6546 Views 0 comment Print

The intention behind introduction of provisions of section 40A(3) of the Act was two- fold – 1. Firstly, putting a check on trading transactions with a mind to evade the liability to tax on income earned out of such transaction and 2. Secondly, to inculcate the banking habits amongst the business community. The provision was […]

Analysis of Section 269SS, 269ST & 269T of Income Tax Act, 1961

January 20, 2023 46071 Views 0 comment Print

Learn about Sec 269SS, 269ST & 269T of the Income Tax Act & how they affect businesses. Analysis of these sections & their importance for maintaining business success.

Section 40A(3) Disallowance not applicable on cash payment to MSEDCL

January 18, 2023 4320 Views 0 comment Print

MSEDCL is a State under Article 12 of Constitution and cash payments made to its franchise/agent is covered under Rule 6DD(b). Therefore, disallowance under Section 40A(3) is not justified.

Section 40A(3) not applicable if single transaction not exceeds threshold limit

January 18, 2023 1509 Views 0 comment Print

ACIT Vs Cellbiz Services (ITAT Kolkata) CIT(A) has categorically mentioned that the cash book, purchase register and all individual invoices where cash transaction had taken place have been thoroughly checked and it is found that not a single such transaction actually exceeded the threshold limit of Rs.20,000/-. In view of the aforesaid factual finding given […]

Disallowance u/s 40A(3) sustainable as cash payment exceeds INR 20,000 to single party in single day

January 4, 2023 3159 Views 0 comment Print

ITAT Chennai held that disallowance u/s 40A(3) of the Income Tax Act sustainable as aggregate of the payments made to a single party otherwise by an account payee cheque drawn on a bank or account payee bank draft exceeds Rs.20,000/-in a day.

Section 271D penalty cannot be imposed on amount disallowed under section 40A(3)

January 1, 2023 1995 Views 0 comment Print

Once, it is established that these payments are for construction contract and particularly the AO has made disallowance by invoking the provisions of section 40A(3) of the Act, no disallowance can be made by invoking the provisions of section 269SS of the Act for levy of penalty u/s.271D of the Act.

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