Cash payment exceeding 20000-urgent

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If a co. has make cash payment  Rs30000 for small repair and manitenance of a boundary in the office.....and payment is for like cement and other repairing materials whether violation of sec.40(a)

Replies (12)

yes it is..

yes, full exp will be disallowed.

you can take two bills or make two vouchers for payment

 

you can take two bills or make two vouchers for payment but it should be of different dates..

Dear Ankit

different dates of vouchers is not mandatory

it can be paid in same date, but vouchers must be more than one so that to prove that payment was not made one time.

 

secttion 40 (a)(3)
 
Where the assessee incurs any expenditure in respect of which a payment or   aggregate of payments made to a person in a day, otherwise than by an account payee cheque drawn on a bank or account payee bank draft, exceeds twenty thousand rupees, no deduction shall be allowed in respect of such expenditure"
 
So vouchers should be of different dates
 
 
 
 

 

Please find the attached ammedement for rule 6dd

ammended in 2008

it will be disallowed....

 

source: https://www.indiantaxupdates.com/2013/02/15/section-40a3-disallowance-of-cash-payment-exceeding-rs-20000/

 

@ ca parul saxena

Under section 40A(3) 

Any payment made which in aggregare to a person in a day in other than account payee cheque/acoc*nt payee draft exceeds rs 20,000 to be disallowed in whole 

In case of assesse carrying on business of hiring,plying and leasing goods carriage then the presribed amt is rs 35000

Ms. Parul Saxena

You may consider replies of Ganeshbabu and Purshotam Vohra for your. Hoping you would have got the answer to your query.

Still as per facts as mentioned in your query, payment has been made to contractor for repair work done. Company is required to deduct tax u/s 194C. Where if payee is an individual or HUF company required to deduct tax @ 1% otherwise @ 2% on whole amount.

Provided total payments to that party exceeds 75000 in the financial year as the payment towards single bill was not exceed 30,000

Agree with Ganesh Babu

 

As per 2008 amendment you need to take two separate vouchers in different dates

This expense will be disallowed , will not be allowed in as deduction under business profession head because expenses more then 20000 rupees will not be allowed as deduction.smiley


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