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Cash Payment Disallowance

Tax queries 852 views 3 replies

Request you to clarify on the payment made to party on single day for more than Rs. 20,000/-.

It is observed that to one of the directors on 21st April 2011, payment was made of Rs. 32,000/-.

Payment details are as follows:
1. Sitting fees for BOD Meeting: Rs. 8000/-
2. Reimbursement of Travel Expenses Rs. 10000/- to attend BOD Meeting
3. Reimbursement of Travel Expenses Rs. 10000/- to attend BOD Meeting
4. Reimbursement of Travel Expenses Rs. 4000/- to attend BOD Meeting

Bills were raised by director individually for all these expenses.
Request you to clarify whether these expenses will be inadmissible for tax audit u/s 43B?

Replies (3)
hello my frnd,.. this is one such question which has varied opinions,.. going by the plain words of the sectin 40a(3),both the bill amount(expenditure) and the payment amount should exceed 20,000 so as to attract the disallowance,..in the present case as individual bills have been raised,and also all the bill amounts do not exceed 20,000,this is an ALLOWABLE EXPENDITURE.IT WILL NOT ATTRACT ANY DISALLOWANCE. but if we go by the legislative intent,this section was mainly introduced so as to avoid these type of duped and fraud methods of putting bills less than 20,000 and claiming allowances under tax audit,.therefore since the bills are in respect of the SAME EXPENDITURE,AND THE PAYMENT ALSO EXCEED RS 2000 TO THE SAME PERSON N A DAY,SECTION 40A(3) WIL BE ATTRACTED,. SO ON THE WHOLE U CAN TAKE STAND ON BOTH THE SIDES ,...

sECTION 40A(3)  =====   hit

As per Sec 40a(3) the following condition fulfilled then disallowance will occur :-

1. Single Day

2. Single Bill

3. Single Party

more than Rs 20,000 then disallowance will be attracted.


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