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

  • 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,…

2 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…

2 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…

2 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…

3 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…

4 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…

5 days ago