Income Tax

Disallowance 40(A)(3) for cash payment deleted when payee was new and refused cheque

Disallowance 40(A)(3) for cash payment deleted when payee was new. When genuiness of payment not doubted there was every possibility that party refused to cheques / Demand draft – ITAT 

ABCAUS Case Law Citation
ABCAUS 2372 (2018) 06 ITAT

During the course of the assessment proceedings, the Assessing Officer observed that the assessee had made cash payment to few parties. The assessee pointed out that he was dealing with these parties for the first time and these persons were not ready to accept the same by cheque / demand draft, therefore, he had no choice but to make the payments in cash.

The Assessing Officer did not accept this contention of the assessee and disallowed the payments u/s 40(A)(3) of the Income Tax Act, 1961.

On appeal, the CIT(A) observed that the transactions were not frequent and accepted the contention that the other party did not agree to cheque payment. The CIT (A) accordingly deleted addition.

The Tribunal noted that the Assessing Officer had not doubted the genuiness of the expenditure. The AO had also not doubted that the assessee was not having any frequent transactions with these parties.

The Tribunal opined that there was every possibility that the parties must have refused to take the payment by cheques/ Demand draft.

Accordingly, the ITAT decline to interfere with the finding of the CIT (A) and rejected the ground of the Revenue.

Download Full Judgment Click Here >>

Share

Recent Posts

  • Income Tax

ITAT allows remuneration paid by wives of CA partners for their services rendered in firm

Remuneration paid by CA firm to wives of CA partners for their services rendered allowed in the absence of any…

19 hours ago
  • Income Tax

When assessee did not opt yes or no to receive notices by email, such notices were no service

When assessee did not opt yes or no to receive notices by email, such notices amounted to no service In…

21 hours ago
  • Income Tax

CIT(A) should have considered detailed statement of facts before dismissing appeal

CIT(A) should have considered the details statement of facts filed before him before dismissing the appeal of the assessee observing…

22 hours ago
  • ICSI

Empanelment of General Observers for ICSI Examinations June 2026. Last date 28.04.2026

Empanelment of General Observers for ICSI Examinations June 2026 ICSI has invited interested members to enroll as General Observers for…

2 days ago
  • CA CS CMA

Engagement of Young Professionals CA for assistance in ITAT representation

Income Tax Department Pune is engaging Young Professionals CA for assistance in ITAT representation With a view to augment departmental…

3 days ago
  • Concurrent Audit

IDBI online application for empanelment of Concurrent Auditor. Last date : 27.04.2026

IDBI invites application for empanelment of Chartered Accountant firms as Concurrent Auditor for FY 2026-27 IDBI Bank has invited online…

3 days ago