Income Tax

Section 40A(3) applicable to expenses made in cash not to the payment of advances-ITAT

Section 40A(3) applicable only when payment of expenses is made in cash exceeding specified sum and not to the payment of advances-ITAT

ABCAUS Case Law Citation:
ABCAUS 2434 (2018) 07 ITAT

The Appellant assessee had filed the present appeal against the order passed by CIT(A) inter alia in confirming the addition made by the Assessing Officer (AO) on account of violation of the provisions of section 40A(3) of the Income Tax Act, 1961 (the Act).

The assessee was an individual and engaged in the business of commission agent, servicing, trading & travel agency. During the course of assessment proceedings the AO found that the assessee had made payments without deducting TDS and as such disallowed amount by invoking the provisions of section 40A(3) of the Act.

The CIT-A did not consider this submission of assessee and confirmed the addition made by the AO.

The Tribunal observed that the assessee had made submissions that he made an advance payment to the party for conducting tours abroad on behalf of assessee, which were released by phase by phase on four occasion on different dates to the said entity. However, the allegation was that the payments made in cash exceeding the monetary limit prescribed u/s. 40A(3).

The Tribunal opined that the provisions of section 40A(3) are applicable only when payment of expenses is made in cash in the sum exceeding specified amount and not to the payment of advances. Therefore, that addition made u/s 40A(3) was totally unwarranted.

The addition as accordingly deleted.

Download Full Judgment Click Here >>

Share

Recent Posts

  • GST

ITC can’t be denied on ground that supplier’s registration was cancelled subsequently

ITC can’t be denied on ground that supplier’s registration was cancelled subsequently when supplier had filed GSTR-1 and GSTR-3B for…

11 hours ago
  • Income Tax

Amount of Rs. 6 lakh claimed as gift received from parents in law not unreasonably high – ITAT

Amount of Rs. 6 lakh claimed to have been received as gift from parents in law not an excessively or…

12 hours ago
  • GST

GST exemption upheld on renting of residential dwelling as hostel to students & professionals

Assessee was entitled to GST exemption on renting of residential dwelling as hostel to students and working professionals In a…

14 hours ago
  • RBI

RBI increases number of free and basic minimum facilities in BSBD accounts

RBI increases number of basic minimum facilities to be offered in a Basic Savings Bank Deposit (BSBD) account, free of…

16 hours ago
  • Income Tax

Imparting education in gemmology, jewellery arts, designs qualifies for exemption u/s 11

Conducting courses in gemmology, jewellery arts, jewellery design amounts to imparting of education entitling assessee benefit of exemption u/s 11…

19 hours ago
  • GST

Special procedure under Delhi GST Act for rectification of order for wrong ITC availment

Special procedure notified under Delhi GST Act 2017 for rectification of order confirming demand for wrong availment of ITC. Lt.…

21 hours ago