As per section 40A(3) if in a day payment of more 20,000 is made to a party, the expense gets disallowed.

The faqs regarding these are:

Is the disallowance under Section 40A(3) for all payments?

As mentioned above payments made for expenses are disallowed. If payment is not for expense, question of disallowance does not arise.

If payment is made by uncrossed cheques does it get disallowed under section 40a(3) of Income Tax Act?

Yes

If cash is directly deposited to the Bank account of party, even than does section 40a(3) comes in picture?

The section say Cash payment and whether the cash is directly deposited into bank account or not its still a cash payment.

What Act requires is a tracing of the transaction. If cash is deposited directly, trace of deposit will not be available. Hence disallowed.

Does payment of more than 20,000 for Fixed Assests purchased attracts section 40a(3)?

No, the payment should be relating to expenses. Since one does not claim expenses of fixed assets purchased the section is not attracted.

Posted 3 years, 6 months ago by CA Pulkit Sharma


What happens when Cash paid more than Rs. 20000/- towards purchase.

Posted 3 years, 6 months ago by Manish Agrawal


Purchase is also an Expense. Any payment in cash for Expense more than 20,000 is disallowed.

Since purchase is expense, it will be disallowed.

Posted 3 years, 6 months ago by CA Pulkit Sharma


Sir, But in the Tax recokner under 40(A)3 section specifically mention that cash purchase of FA more than 20,000/- ;its depreciation amount is allowed. para no.49.3-2 point 5

 

Posted 2 years, 10 months ago by pooja choot


Sorry in the first reply wrongly allow wrote.

Sir, But in the Tax recokner under 40(A)3 section specifically mention that cash purchase of FA more than 20,000/- ;its depreciation amount is disallowed. para no.49.3-2 point 5 - See more at: 

Posted 2 years, 10 months ago by pooja choot


Yes, Priyanca you are right. Only depreciation will be disallowed and not the entire cost of asset. Section 40A3 disallows expenses claimed under section 30 to 37, since cost of asset is not covered under this section its not disallowed.

However section 40a3 is attracted on depreciation claimed on fixed assets. These are my personal opinions and require further study on this.

Posted 2 years, 10 months ago by CA Pulkit Sharma


Your Reply:

You need to be logged in to reply.