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Payment Exceeds Rs 20000 in One Day

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Querist : Anonymous

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Querist : Anonymous (Querist)
15 December 2009 Suppose,I want to purchase one new House as a Property.But Previous Owner of that House now demanded me of Rs.300000 hard cash in respect of that Particular House.So if i'l make payment to him in One day of Rs.300000,Then Sec 40A(3) is applicable or not?
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CMA Ramesh Krishnan

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CMA Ramesh Krishnan (Expert)
15 December 2009 It is applicable
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Amol Gopal Kabra (CA,CS,DISA)

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Amol Gopal Kabra (CA,CS,DISA) (Expert)
15 December 2009 Section 40A(3) is not applicable in case of purchase of any capital asset. Moreover, you are purchasing a personal asset and Sec. 40A(3) is applicable to Business related expenditure that is claimed under head Profits and Gains of Business and Profession.
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Murtaza I Bhagat

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Murtaza I Bhagat (Expert)
15 December 2009 not application as its not any Business or Profession expenditure.
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