Case A - Assesse is liable for Tax Audit Question No. 1 - Section 269ST states that the person cannot receive Rs. 2 Lakh or more in cash in aggregate from a person in a day while section 40A(3) states that the person cannot do payment of more than Rs. 10,000 in cash in aggregate to a person in a day. Sir I find that the section 40A(3) overrule section 269ST as :- (i) if you cannot do payment of more than Rs. 10,000 in cash in aggregate to a person in a day than how the other person can receive more than Rs. 10,000 but less than Rs. 2,00,000 in cash. So here the Section 269ST does not have any relevance /use.
(ii) if a person does the payment of any amount in cash but less than Rs. 2,00,000/- than the recipient can receive the amount in cash without any contravention of section 269ST but the payer of the amount will be liable for the violation of section 40A(3) so the payer of the amount will never ever do the payment of more than Rs. 10,000 in cash and hence again the recipient will never receive an amount of more than Rs. 10,000 but less than Rs. 2,00,000 in cash and consequently section 269ST same as in case of point no. (i) above will never come into play. I cannot understand how both of these sections can be applied in real life?
Question No. 2 - Can a assesse liable for tax audit make an invoice of cash sales more than Rs. 10,000 from a person in a day and receive cash from him as he is the seller and can receive any amount less than Rs. 2,00,000 in cash from a person in a day as in this case there is no violation in respect of section 269ST on his(seller) part irrespective of the fact that the their will be contravention of the section 40A(3) by the buyer if he does the payment of more than Rs. 10,000 in cash to him(seller) in a day?
Case B - Assesse is not liable for Tax Audit
Question No. 1 - If the assesse is not liable for tax audit and files his return u/s 44AD as profits are presumed to be 8% of their turnover so whether the assesse still has to abide section 40A(3) and section 269ST?
Question No. 2 – Can a assesse not liable for tax audit make an invoice of cash sales more than Rs. 10,000 from a person in a day and receive cash from him as he is the seller and can receive any amount less than Rs. 2,00,000 from a person in a day as in this case there is no violation in respect of section 269ST on his(seller) part irrespective of the fact that the their will be contravention of the section 40A(3) by the buyer if he does the payment of more than Rs. 10,000 in cash to him(seller) in a day?
11 December 2021
Case A Question 1 and 2 In case both buyer and seller tax audit applicable 269ST will not arise in view of payment will be restricted to 10,000. Case B Question 1 Books of accounts not maintained so 40A(3) not applicable. 269ST applicable as invoice will be issued. Question 2
Yes, an assesse not liable for tax audit make an invoice of cash sales more than Rs. 10,000 from a person in a day and receive cash from him as he is the seller and can receive any amount less than Rs. 2,00,000 from a person in a day as in this case there is no violation in respect of section 269ST on his(seller) part irrespective of the fact that the their will be contravention of the section 40A(3) by the buyer.
11 December 2021
Case A Question 1 Yes, 269ST no relevance in case of not able to pay more than 10,000.
Question 2 Yes, assessee liable for tax audit can make an invoice of cash sales more than Rs. 10,000 from a person in a day and receive cash from him as he is the seller and can receive any amount less than Rs. 2,00,000 in cash from a person in a day as in this case there is no violation in respect of section 269ST on his(seller) part irrespective of the fact that the their will be contravention of the section 40A(3) by the buyer if he does the payment of more than Rs. 10,000 in cash to him(seller) in a day.
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