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Case law on section 40a(3) of i.t act,1961

Tax queries 1540 views 3 replies
An assessee has made the purchases amounting to more than Rs. 20,000 in A.yr 2011-12, but when assessee made the payment, due to insufficient balance the cheque was dishonored. The seller insisted for cash payment & assessee made the payment accordingly, now ITO has added back the amount to the current year profits.
Is there any way to avoid the addition back under sec. 40A (3) ??
TOTAL PUCHASE WAS RS 25,65,000/- during the year.
CAsh payment was made for Rs 4,65,000/- for a particular bill dated 12.08.2010
ITO has added back entire Rs 4,65,000/-
Replies (3)

Dear Piyush,

Please present you query with some detailed information like:

1. What was the amount of total Purchases during the year.

2. How much amount you paid in cash.

3. How much was paid in lumpsum (cash)

4. How much amount did the A.O. add back

Here I think the assessee has clearly violated the provisions of Section 40(A)(3)

He would escape from this had he not made this payment at once.

Have you checked this post, please follow the link:

 

/forum/a-puzzle-to-crack-with-fun-274184.asp#.Uq6uxycQTVo


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