Learner
4016 Points
Posted on 05 April 2010
Dear Balaji,
Good Question.....!
In ur case the work was actually performed by different workers so let me post a simple situation where work is performed by same person and payment is made to diffrent person on his behalf.
Suppose -
If payments in excess of Rs. 20,000 is to be made to Mr. A, now what payer does to defeat Sec 40A(3), he makes the payment to 4 diffrent people (say his family members) on behalf of Mr. A. {Remember in the books the payer will debit the account of Mr. A}
Now if u read Sec 40A(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.'"
Now the words "On behalf" which should have been there are missing in Sec 40A(3).
So a literal interpretation of Sec 40A(3) does not cover such cases where payment is made on behalf of someone to different persons.
Pls express ur views on this??