Disallowance u/s 40 (a) 3

The assesee had purchased some kits from a shop for more than Rs 20000 and paid the amount in cash because  the shopkeeper was neither accepting  cheque nor any card. Will such expense still be disallowed u/s 40 (A) 3 ?? Reply asap.

Replies (4)

Yes, Sridhar.

Thanks

but the assessee had no option except for paying in cash...

As per sec 40A(3),it will be disallowed.and furthur if such person can prove that payment is made in a city where there is no  bank facility at the time of  payment or when u r making payment no banks are working due'to holiday or strike .furthur the solution to your query is,the client should ask seller to break up each bill not exceeding rs 20,000.generally as per sec 40A(3),both bill amount and payment amount in a single day and to same party should not exceed rs 20,000 and another condition,it should not be intentential in such a way to deceive.but in case ur case as seller donot accept cheque,i think u can ask seller to give more than one bill in such a way no bill amount should not exceed rs 20,000

Spread the payment to more than 1 day. Arrange for entries in cash book accordingly and take receipts from payee for different dates.

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