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

  • Empanelment

FDCM invites application for empanelment of practising CAs/ Chartered Accountant Firms

Invitation For Empanelment Of Practising Chartered Accountants / Chartered Accountant Firms Forest Development Corporation of Maharashtra Limited (FDCM Limited), Nagpur,…

4 days ago
  • Empanelment

PGRI invites application for CAs for empanelment for Circulation Verification work

Press Registrar General of India (PGRI) invites application for empanelment of Chartered Accountants. The Press Registrar General of India manages…

4 days ago
  • Income Tax

CBDT notifies revised Form for registration as valuer & authorised income tax practitioner

CBDT notifies revised Form No. 169 for making application for registration as a valuer under section 514 and authorised income…

4 days ago
  • Income Tax

Curtailing time to file reply to notice u/s 148A(b) from 30 days prejudiced assessee’s right – HC

Curtailing time to file reply to notice u/s 148A(b) from statutorily available 30 days to 15 days seriously prejudiced assessee’s…

5 days ago
  • Income Tax

For registration u/s 12AB, applicability of proviso to section 2(15) can’t be adjudicated

At the stage of registration u/s 12AB, the CIT(E) not empowered to adjudicate applicability of provisio to section 2(15) of…

6 days ago
  • Income Tax

Flower bed area not included in “built up area” to calculate eligible limit u/s 80IB(10)

Flower bed area could not be included in the definition of “built up area” to calculate eligible limit of 1000…

7 days ago