Cash payment made to the employee more than Rs. 20000 for making payment for Road Tax of New Vehicle. Is it disallowed under IT Act.
CA AnKiT BoHrA (AB)
(Manager)
(25955 Points)
Replied 13 October 2015
u wil make the entry on the name of employee .. or the vehicle is owned by the company and payment is for this only...
Because staff advance exceeding 20000 will attract section 269SS and 269TT
U S Sharma
(glidor@gmail.com)
(21063 Points)
Replied 13 October 2015
In case of New Vehicle, the registration work is done by Vendor/dealer, why should the payment would go in hands of employee?
also it is not clear with the query that vehicle is in name of employer company or in name of employee?
However its always to be kept in mind that during such payments copies of document should get attached with the voucher, so that at the time of audit or assessment, it should get relief from tax burden
CA Srikanth Yadav
(Chartered Accountant)
(3162 Points)
Replied 13 October 2015
If it is given as a loan to the employee, then Section 269SS will apply. If not, then section 40A(3) since it will be a salary expenditure in that case.
RAHULSMITTAL
(Partner, V Mittal & Co)
(252 Points)
Replied 13 October 2015
Vivek Sharma
(Chartered Accountant)
(34 Points)
Replied 15 October 2015
Accordign to Section 269 SS there is a prohibition on acceptance of loan or deposit in cash by a person and Section 269 T talks about the repayment of the same. As such as per my opinion advance given by the company is neither covered by Section 269SS nor 269T. Yes the matter cah be analysed form the point of the employee.
CA AnKiT BoHrA (AB)
(Manager)
(25955 Points)
Replied 15 October 2015
Vivek do check sec 269 SS and TT once again... it hits loan to employee in cash above 20000
Vivek Sharma
(Chartered Accountant)
(34 Points)
Replied 19 October 2015
Please go the followin glink and read the article -
https://www.topcafirms.com/index.php/white-paper/6188-taking-or-repayment-of-loan-in-cash-analysis-of-section-269ss-or-269t
VIPINKUMAR K TIWARI
(Financial Professional)
(196 Points)
Replied 19 October 2015
Thanks to rahul....
Abhijit
(CA )
(250 Points)
Replied 28 February 2018
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