CMA
13117 Points
Joined May 2009
Section 40A(2) of Income Tax Act deals with disallowance of payments made to relatives if the following conditions are satisfied:
- Expenditure is incurred for goods, services or facilities
- For the above expenditure, payment is made (or to be made) to relatives or persons having substantial interest
- Such expenditure is considered as excessive or unreasonable considering:
- Fair market value
- Legitimate business needs
- Benefits to the assessee.
If the above conditions are satisfied, to the extent the payment is excessive, it shall be disallowed.