Sponsored
    Follow Us:

Section 40A(3)

Latest Articles


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 987 Views 0 comment Print

जीएसटी/आयकर एक्ट में नगद व्यवहार के नियम

CA, CS, CMA : जानें जीएसटी और आयकर एक्ट में नकद संव्यवहार के नि�...

May 10, 2024 2337 Views 0 comment Print

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

Income Tax : Dive into critical tax regulations and provisions, from related party payments to cash disallowance, and learn how they impact you...

November 1, 2023 10155 Views 0 comment Print

Prohibited transaction in cash/limit on cash transactions

Income Tax : Discover why Section 40A(3) limits cash payments and promotes a cashless economy, including reduction of black money generation. P...

November 1, 2023 20835 Views 0 comment Print

Income Tax Act Section 40A(3): Disallowance of Cash Expenditure

Income Tax : Learn about Section 40A(3) of the Income Tax Act, which disallows deductions for cash expenditures exceeding Rs. 10,000. Explore r...

October 7, 2023 5769 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 23827 Views 0 comment Print


Latest Judiciary


Section 80C Deductions Should Not Be Disallowed Without Justification

Income Tax : Detailed analysis of Ramanlal Jivrajbhai Patel vs ITO case from ITAT Ahmedabad. Learn about judgments on business expenditure unde...

July 22, 2024 1131 Views 0 comment Print

AO Can’t Alter Gross Profit Rates When Books of Accounts Not rejected: Allahabad HC

Income Tax : In PCIT Vs Mahabir Jute Mills Lts., the Allahabad High Court ruled that if books of accounts are not objected to, the AO cannot di...

May 25, 2024 588 Views 0 comment Print

Section 40A(3): Calcutta HC allows cash Payments to Labourers Under Rs. 20,000

Income Tax : Calcutta High Court ruling states payments by supervisors to individual labourers, each not exceeding Rs. 20,000, cannot be disall...

April 12, 2024 4668 Views 0 comment Print

If no inquiry by AO on disallowance u/s 40A(3): Section 263 order valid

Income Tax : Analysis of Bharat Jaroli vs PCIT case by ITAT Indore, highlighting AO's failure to scrutinize cash payments under Sec 40A. Detail...

April 9, 2024 339 Views 0 comment Print

Demonetization Cash Deposit Scrutinized by AO, No Grounds for Section 263 Revision

Income Tax : Read the full text of the ITAT Chandigarh's decision in the case of Manuj Jain HUF Vs PCIT. The assessment order was upheld, rejec...

March 31, 2024 2859 Views 0 comment Print


100% expense disallowance for Cash Payment should go

February 21, 2016 8263 Views 1 comment Print

Previously-in contravention of this section it was provided that 20% of the expenditure will be disallowed in case payment in excess of 20000/- is made otherwise than by crossed a/c payee cheque or Draft. At present it is provided that in contravention of this provision the whole expenditure I e 100% of the expenditure will be disallowed.

S. 40A(3) Purchase of poultry feeds falls under exceptions clause provided in Rule 6DD(e)

November 14, 2015 6814 Views 0 comment Print

Admittedly, the assessee had made payments to M/s Pickme Feeds in cash by directly depositing cash in the bank account of M/s Pickme Feeds for supply of poultry feeds to the assessee. The assessee in turn supplies the poultry feeds to various farmers in the rural areas.

Disallowance u/s 40A (3) for aggregate cash payments of more than Rs. 20,000 in a single day to one person is applicable w.e.f. 01/04/2009

November 5, 2015 3787 Views 0 comment Print

ITAT Amritsar held In the case of M/s. Pardeep Singh Wazir vs. The DCIT that Circular no. 1/2009, dated 27th March, 2009 issued by CBDT is effective from 01/04/2009 i.e. for the assessment year 2009-10 onwards.

No Penalty for disallowance based on accurate particulars submitted during scrutiny

September 17, 2015 5937 Views 0 comment Print

In the case of ITO vs. M/s Besto Tradelink (P) Ltd ITAT Ahemdabad) – Assessing Officer has computed the other disallowances of interest amount and the one under section 40A(3) only on the basis of assessee’s accurate particulars already submitted on record in the course of scrutiny.

Sec 40A(3) disallowance not attracted for payment made as advance for purchasing assets capitalized in books

June 26, 2015 6350 Views 0 comment Print

To make any disallowance under section 40A(3), it is a precondition that the assessee must have claimed deduction, directly or indirectly, for which payment is made in cash exceeding the specified limit.

Genuine expenditure paid in cash cannot be disallowed u/s 40A(3)

June 26, 2015 5520 Views 0 comment Print

Whether expenditure paid in cash, which is not disallowed u/s 37 (1), can be disallowed under section 40A(3). Whether provision of section 54F are applicable where nature of property turned into commercial purpose.

Cash advance not claimed as deduction cannot be disallowed u/s 40A (3)

June 19, 2015 4206 Views 0 comment Print

The assessee company is engaged in real estate business. It paid cash advance for purchasing a plot and reflected it in balance sheet under loans and advances given. The AO made addition of 20 % of amount paid as advance, invoking the provisions of Section 40A(3) of the Income Tax Act, 1961.

Peak credit theory for addition to income is applicable when deposit in bank account is out of cash withdrawals

June 17, 2015 9315 Views 0 comment Print

Peak credit theory will be applicable only when there are deposits in cash and withdrawals in cash. In the instant case when the deposits are made in cash and most of the withdrawals are by way of clearing and not cash withdrawn, therefore, the theory of peak credit is not fully applicable to the facts of this case.

Section 40A(3) not applies to cash payment exceeding Rs. 20000 made to Government controlled electricity distribution company

June 7, 2015 8361 Views 0 comment Print

West Bengal State Electricity Distribution Company Limited (WBSEDCL) is covered by the exception Rule 6DD(b) of the IT Rules and as such no dis allowance under section 40A(3) of the Act can be made. Therefore, the grounds raised by the assessee are allowed.

Payment made in excess of Rs 20000/- should be allowed if made in business exigency

June 5, 2015 3318 Views 0 comment Print

ITAT held in Manikanta Concerns Vs DCIT that if the assesse had claimed deduction of shortage in weight or quality at the time of purchase then it did not mean that assesse could not claim deduction of shortage in weight or quality at the time of sale.

Sponsored
Sponsored
Search Post by Date
August 2024
M T W T F S S
 1234
567891011
12131415161718
19202122232425
262728293031