Tag: Section 40A(3)
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 …
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 …
Disallowance u/s 40A(3) of payment of partners salary in cash. ITAT remands the case in view of Supreme Court judgment relied upon by the assessee ABCAUS Case Law Citation:ABCAUS 3074 (2019) (07) ITAT The appeal filed by the assessee firm was directed against the exparte order of …
Disallowance u/s 40A(3) for cash payment to agents for onward disbursement towards various expenses set aside. ITAT remands case for verification ABCAUS Case Law Citation: ABCAUS 2959 (2019) (05) ITAT The appellant assessee was aggrieved by the decision rendered by CIT(A) confirming the addition made by the AO …
Disallowance 40A3-two proprietorship concerns of same assessee. In the absence of alleged tax evasion, additions for cash purchases not warranted-ITAT ABCAUS Case Law Citation: 949 2016 (06) ITAT AY: 2008-09 Important Case Laws/Judgments Cited: Hasanand Pinjomal Vs. CIT 112 ITR 134 Gujarat High Court Smt. Ch. Mangayamma Vs. …
Disallowance u/s 40A(3) for cash payments cannot be made if genuineness not doubted – ITAT INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH; AMRITSAR I.T.A No. 102(Asr)/2014 Assessment Year: 2010-11 Rakesh Kumar (Appellant) vs. Asst. CIT (Respondent) Date of Order: 09-03-2016 ORDER PER T. S. KAPOOR (AM): This is an appeal filed by …