Exception to 40A(3)

Tax queries 937 views 4 replies

Pradeep

54 Points Posted on 17 February 2010

Hi,

40A(3) is not applicable to..........

(k) Where the payment is made by any person to his agent who is required to make payment
in cash for goods or services on behalf of such person.

If a company pays Rs. 50,000 to one agent to make a payment to govt. department. This agent is making payment of Rs.53,000 after 3 days + 5,000 other related expenses. Company is making payment of balance of 8,000 to agent on submission of his account details.

whether 40A(3) is applicable here or is this payment allowable?

Replies (4)

Amir

Learner

4016 Points Posted on 17 February 2010

Dear Pradeep Sir,

In the present case this payment is allowable, since Rs. 53,000 acn be paid in cash & the balance expenses of Rs. 5,000 has not exceed the limit of 20K.....

But the answer would have changed if the agent's related expenses exceeded Rs. 20k, say 21K, now on Reimbursment of Rs. 24,000/- (21000+3000), Rs. 21,000 will be disallowed u/s 40A(3)...& remaining will be allowed as covered by Rule 6DD

Amir

Learner

4016 Points Posted on 17 February 2010

Dear Pradeep Sir,

In the present case this payment is allowable, since Rs. 53,000 acn be paid in cash & the balance expenses of Rs. 5,000 has not exceed the limit of 20K.....

C.Balaji

Learner

1867 Points Posted on 17 February 2010

Dear Pradeep...

yes, the Payment is allowable because Rs. 53,000 paid in cash to govt.dept...- exception & the expenses of Rs. 5,000 has not exceeded the limit of Rs.20000/-.....