Section - 40a(3). splitting of cash payments.


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Querist : Anonymous

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Querist : Anonymous (Querist)
19 August 2013 Hi,

Suppose I have an invoice of Rs.80,000. I have paid it as

Day 1 - 18,000
Day 2 - 18,000
Day 3 - 18,000
Day 4 - 18,000
Day 5 - 8,000

Will it be disallowed under section 40A(3).
Can anyone give me any relevant case law for the same.

Thanks in advance.

19 August 2013 Section 40A(3) is applicable when payment or AGGREGATE of payments in a SINGLE DAY exceed Rs. 20,000/-.

In this case Section 40A(3) is NOT applicable.

However, you will have to prove that the payments were actually made on different days, which is quite difficult.

19 August 2013 NO dis-allowance as per section 40a(3), if sufficient documents like cash vouches etc are maintained

Regards,

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Querist : Anonymous

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Querist : Anonymous (Querist)
23 August 2013 But, according to this I can pay a bill of Rs.20,000*365 = 73,00,000 in cash. Doesn't it defeat the purpose of this section?

24 August 2013 You can proceed with your argument but burden of proof to show these transactions are genuine in Assessment

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Querist : Anonymous

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Querist : Anonymous (Querist)
25 August 2013 Thankyou once again to all for replying to this post.


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