Tag: disallowance u/s 40A(3)
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 & …
Human probability is that truck drivers would insist for cash payment-ITAT deleted additions u/s 40A(3) for cash payments ABCAUS Case Law Citation:ABCAUS 3196 (2019) (12) ITAT The instant appeal was filed by the assessee against the order of the Commissioner of Income Tax in confirming the disallowance u/s …
Disallowance 40A3 for cash payments by brick kiln quashed as payments made to truck drivers at night after banking hours at village without banking facilities ABCAUS Case Law Citation:ABCAUS 3180 (2019) (10) ITAT Important case law relied upon by the parties:CIT vs. Raja Pal Automobiles (2010) 320 ITR …
No disallowance for cash payments u/s 40A(3) if genuineness of transactions and identity of the payee is established. ITAT deleted addition ABCAUS Case Law Citation:ABCAUS 3107 (2019) (08) ITAT Important case law relied upon by the parties:Girdharilal Soni vs. CIT reported in 179 ITR 111 (Cal).Attar Singh Gurmukh …
Merely making cash payments cannot be a ground for disallowance if section 40A(3) not violated or no defects were found in books of accounts/bills & vouchers ABCAUS Case Law Citation:ABCAUS 3075 (2019) (07) ITAT The assessee had challenged the order of CIT(A) in sustaining the part disallowance out …