Tag: disallowance u/s 40A(3)
ITAT upheld deletion of disallowance u/s 40A(3) where the nature of business remained the same and the patterns of cash withdrawals were also similar all through the years. In a recent judgment, ITAT Guwahati affirms deletion of disallowance u/s 40A(3) in respect of cash purchase where the nature …
Section 40A(3) not applicable in respect of expenditure on fuel petrol paid to dealers of Petroleum companies. Directors remuneration also allowed as genuineness was not in question. In a recent judgment, ITAT Cochin has held that section 40A(3) of the Act has no application in respect of cash …
ITAT quashed disallowance u/s 40A(3) as assessee never operated any bank account In a recent judgment, ITAT Delhi quashed disallowance u/s 40A(3) where assessee never operated any bank account for running the business, it was held that invoking provisions of section 40A(3) overlooking the business expediency and also …
Addition u/s 40A(3) for cash payment to labour for loading charges deleted by ITAT In a recent judgment, the ITAT Cuttack has deleted additions u/s 40A(3) for cash payments to labourers for loading charges holding that labourers out of common knowledge would not accept payments through banking channels …
Disallowance u/s 40A(3) for bearer cheque Payments. CBDT 1977 Circular relied upon by assessee does not exits with amendment to Rule 6DD. Supreme Court dismisses SLP In a recent judgment, the Hon’ble Supreme Court has dismissed the Special Leave Petition (SLP) filed by the assessee against the order …
Addition u/s 40A(3) deleted- CBDT can not impose new condition for grant of benefit which are not provided in Act or Rules – ITAT In a recent judgment, ITAT has deleted addition u/s 40A(3) towards cash purchases observing that Income Tax authorities can’t imposed new condition for grant …
Explaining source of cash payment not a valid ground for not invoking disallowance u/s 40A(3) – ITAT In a recent judgment the ITAT has held that explaining source of cash payment not a valid ground for not invoking disallowance u/s 40A(3) of the Income Tax Act, 1961 (the …
New allegation added in order passed u/s 148A(d) not present in show cause notice u/s 148A. High Court declines interference. In a recent judgment, Allahabad High Court has declined to entertain a Petition challenging addition of a new allegation in order passed u/s 148A(d) in reassessment proceedings. ABCAUS …
Disallowance u/s 40A(3) for Cash Payments out of Business expediency deleted by ITAT following Supreme Court judgment ABCAUS Case Law CitationABCAUS 3629 (2023) (01) Important Case Laws relied upon:Attar Singh Gurumukh Singh vs. ITO Ludhiana 1991 AIR 2109 (SC) In the instant case, the assessee had challenged the …
Disallowance u/s 40A(3) for cash expenditure incurred in Foreign Country upheld. The Expression “rupee” in section 40A(3) means expenditure incurred in rupee terms ABCAUS Case Law CitationABCAUS 3389 (2020) (09) ITAT Important case law relied upon by the parties:Vodafone India Services Pvt. Ltd. v/s Union of India & …
