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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 30069 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 567 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) Disallowance Fails Without Proof of Split Cash: ITAT Chennai

January 19, 2026 360 Views 0 comment Print

The Tribunal held that disallowance under section 40A(3) cannot be made on assumptions of split payments. In the absence of evidence showing lump-sum cash payments exceeding the statutory limit, the addition was deleted.

CPC Cannot Treat Form 3CD Entries as Final Without Verification

January 17, 2026 804 Views 0 comment Print

The tribunal held that adjustments made under section 143(1) solely on Form 3CD disclosures are not conclusive. Matters involving contingent liabilities and factual disputes must be verified by the Assessing Officer.

Section 40A(3) Disallowance Set Aside in Invalid Reassessment

January 9, 2026 264 Views 0 comment Print

The case examined whether reassessment after four years was valid when the issues were already examined in scrutiny. The Tribunal held the reopening invalid as a mere change of opinion and quashed the reassessment.

Aggregated Cash Payments Cannot Trigger Section 40A(3) Disallowance

January 8, 2026 480 Views 0 comment Print

The ITAT held that cash expenditure cannot be disallowed merely by aggregating payments. Since no payment to any person on a single day crossed the statutory limit, the disallowance was deleted.

Demonetisation Cash Deposit Addition Quashed for Recorded Sales Evidence

January 5, 2026 507 Views 0 comment Print

The issue was whether cash deposits during demonetisation could be taxed as unexplained. The Tribunal held that when sales are recorded in books, audited, and reflected in VAT returns, section 68 cannot be invoked on mere probability.

Addition Deleted Because Survey Statement Was Retracted and Uncorroborated

January 5, 2026 318 Views 0 comment Print

The Tribunal upheld deletion of a ₹4.41 crore addition where the assessment relied only on a survey statement later retracted. It ruled that, without independent evidence, such admissions and loose papers cannot justify additions.

Aggregate Cash Payments Can’t Trigger Section 40A(3) Disallowance

December 27, 2025 387 Views 0 comment Print

The issue was whether cash salary and commission payments attracted disallowance under section 40A(3). The ITAT held that since each payment was below the per-day statutory limit, the disallowance of ₹2.75 crore was unsustainable.

No 271AAB Penalty for Book-Based Disallowances Without Search Incriminating Material

December 21, 2025 492 Views 0 comment Print

The Tribunal ruled that section 271AAB applies only to undisclosed income found in search, not to routine disallowances from recorded books.

Cash Payment Disallowance Rejected Due to Valid 40A(3) Relief

December 21, 2025 396 Views 0 comment Print

The Tribunal held that ritualistic approval under section 153D, without application of mind, vitiates search assessments. Mandatory supervisory approval must reflect genuine examination of draft orders.

Repaid Loans and Bank Entries Can’t Trigger Section 68

December 20, 2025 639 Views 0 comment Print

The ITAT held that loans and advances accepted in earlier scrutiny assessments cannot be doubted later without fresh incriminating material. Mere balance-sheet analysis or suspicion is insufficient.

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