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Manikanta Raju CA,CWA,(CS)
19 May 2009 at 12:57

section 40A(3)

Section 40A (3)
The provisions of the section will apply if
Condition: 1
The assesse has incurred an expenditure which is otherwise deductible under the provisions of the Act for computing the income under the head Business/Profession Income. The amount incurred Exceeds Rs.20000/-
Condition: 2
The payment for the above mentioned expenditure (or part thereof) Exceeds Rs.20000/-
Condition: 3
The payment mentioned in (ii) above has been made otherwise than through an account payee cheque or account payee bank draft

Query: Accordingly if the assesse has incurred an expenditure on printing and stationery to Raj Stationers vide Bill No.1 Rs.18000,Vide B.No.15000.The assesse has cleared the above payments amounting to Rs.33000/- in cash in a single day .Whether provisions of Sec 40 A(3) applies to the above mentioned case ?
Solution: No, section 40A (3) does not apply in the above case.
The same view is supported by the author singhania in taxmann publication and another author in bharath series student guide to income tax.
Whether there is any notification or circular supporting the above view or contrary to the above view?
Please help me urgent, thanks in advance ?


Vivek Banginwar
19 May 2009 at 12:51

Audit Case

One assessee having turnover of more than 40 Lakhs didnot audited his account, filled IT Return for A.Y.2005-06 on 30th July 2005.The return was processed u/s. 143(1) on 10 April 2006.Show cause notice u/s 274 r.w. Sec. 271B was issued by ACIT on 15June 2006. ACIT passed penalty order on 30Jan.2007.
Whether penalty order is passed within limitation u/s.275?, If assessee does not maintain books of account,then what will happen?, What other way you suggest?..


DHAVAL BHOJANI
19 May 2009 at 12:38

director salary outstanding

Hi,

There is a pvt. ltd. company in which three directors are there. All the diretor among them are having equal shares. Director salary(remuneration) is outstanding from last two years to one of the directors. Directors among them have quarreled and the director among them ,whose salary(remuneration) to him by company is outstanding, is asking for the salary. What the director can take action against the company.?


CA. VIKAS GUPTA
19 May 2009 at 12:02

Disallowance U/s 43B

Hi
As all aer aware that service tax is payable after amount is received. One of my client has raised a bill to the customer in the month of March-09 and liablity for service tax is credited in books. If the payment for the same will not be received till the end of september i.e. last date for filing ROI, no service tax will be deposited to government. Will the same be disallowed U/s 43B on account of non deposit of service tax on or before due date of ROI.


Pranjal
19 May 2009 at 11:45

Taxable Income of NRI

If a person leaves india on 5.11.2007 and comes back on 10.5.2009 to work as an officer in an IT company.His income earned from business outside india will liable for tax or not for A.Y 2009-10?


sunitha
19 May 2009 at 11:37

Accounting Standards

Dear frinds ,

can any one provide me material regarding Accounting Standards in the form of Q & A or suggest the Books for the purpose of Answering the PE-II exam.

sunithagannamaneni@gmail.com
9347816481


Kapil Dev Sanghai
19 May 2009 at 11:22

TDS on commission

One of our pvt. company's major share holder resides in foreign and there he looks after our marketing. We have to pay commission to him on export sales brought by him .We have to pay the commission in foreign currency.Do we have to deduct tds on such commission?


sree

Hi,

I am PE2 Student Cleared my group-2 . i have joined PE2 based on my graduation.

Can anyone tell me as to what happenes when some one could not clear PE2 this attempt ... as in my case i have cleared GR2 ... hence what will happen if they ask me to convert to IPCC , Or can we convert to PCC ... when will the articalship starts ... who is the right person to approch , i Have also completed 100 hrs of ITT .

Please reply ASAP

Thanks a Lot !!


Deepak.R
19 May 2009 at 08:31

TDS on professional charges

Hi all..

I know that the tds on rent should be charged only on the amount exclusive of service tax. But what should be the treatment for the professional charges.
For Eg. Audit Fees - Rs.20,000 Pm
10.3% service tax - Rs.2,060
Total - Rs.22,060 Per Month..

Whether tds @ 10.3% will be charged on Rs.20,000 or on Rs.22,060.

And also clarify me, wat are the cases where tds to be charged on amt exclusive of service tax.


Thanks in advance.


Guest
19 May 2009 at 03:27

marks provision

hello seniors , experts and teachers.....
plz let me know about the pcc marking scheme.... mainly provisions related to set-off of marks .....

one of my fren told me that set off is available only in 2nd group.... is it true?

is it mean that if 2nd grp total marks is 120 { passing marks in all 3 papers } but 1st grp marks in total is 180+ .... then also a person will declare pass....

is vice versa is also applicable or not....


plz bring me out of this confusion....






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