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Plz tell about cash expenses.....

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ASHWANI KUMAR (ASSOCIATE OFFICER) (44 Points)
Replied 24 December 2010

The above answer is for one day for one bill in name of one person for whose named the bill is generated.

 

Ashwani


Raghunath Prasad (WORKING) (385 Points)
Replied 24 December 2010

agree with all if bill paid by credit card than all amount allowalbale as deducation

 

and if u deduct tds on next bill than its allowed


sandeepverma (don't make exuse for study)   (304 Points)
Replied 24 December 2010

have a another option for you may be this expenses allowed 

you have need to book to this exp on hole value a single bill as like a credit bill and after you will pay cash voucher in two or three different date of less than 20000.00  but in this case you need to to convert this bill cash memo to credit memo than you allowed hole exp 


i request to all of you please clear me also if i have wrong ?????????



CS LLB Pulkit Gupta (https://www.facebook.com/pages/Life-and-Promises/553962034682487)   (16631 Points)
Replied 24 December 2010

Full amt. disallowed


siddharth jain (ca- ipcc) (197 Points)
Replied 24 December 2010

Originally posted by : Dattatray

Hiii... Sudhanshu

 

Ya.. it is disallowed.. but you can do onething ask hotel to provide 5 to 6 bills.... if u have paid cash against 1 bill then it is completely disallowed.. better to ask for 5 to 6 bills...

I hope this will suffice u ??

Have a nice day !

(a) demand from hotel 4-5 bills for that exp

(b)every bill should be of the amount of 20000 or less ;and

(c)date of every bill should be different

      than whole of the expenditure shall be allowed



Kiru.G (Article Assitant) (273 Points)
Replied 25 December 2010

agree with all...


Ashish Bhatt ( B.COm C.A FINAL (New))   (493 Points)
Replied 25 December 2010

Agree wd all members. This amt will be disallowed.


CA Atul (Tax Manager) (294 Points)
Replied 25 December 2010

Amendment to the provisions of section 40A (3) of the Income-tax Act, Section 40A (3)(a) of the Income-tax Act, 1961 provides that any expenditure incurred in respect of which payment is made in a sum exceeding Rs.20,000 /- otherwise than by an account payee cheque drawn on a bank or by an account payee bank draft, shall not be allowed as a deduction. Section 40A (3)(b) also provides for deeming a payment as profits and gains of business or profession if the expenditure is incurred in a particular year but the payment is made in any subsequent year in a sum exceeding Rs. 20,000/- otherwise than by an account payee cheque or by an account payee bank draft. However, the provisions of this section are subject to exceptions as provided in Rule 6DD of the Income-tax Rules, 1962.
Section 40A (3) is an anti tax-evasion measure. By requiring payments to be made by an account payee instrument, it is possible to verify the genuineness of the transaction thereby mitigating the risk of evasion. It has come to notice that the provisions of section 40A (3) are being circumvented by splitting a particular high value payment to a person into several cash payments, each below Rs. 20,000/-. This splitting is also resorted to for payments made in the course of a single day. Courts have also held that the statutory limit in section 40A (3) applies to payment made to a party at one time and not to the aggregate of the payments made to a party in the course of the day as recorded in the cash book. According to the judicial opinion, the words used are `in a sum’, i.e., single sum. 

 

Therefore, irrespective of any number of transactions, where the amount does not exceed the prescribed amount in each transaction, the rigours of section 40A (3) will not apply.

 

at the end you have to take two different amount of bill one is for Rs 20000/- & aother for Rs 31200/- in which Rs 20000/- bill is allowable.

To illustrate with an example, let us assume a taxpayer has incurred an expenditure of Rs 40,000/-. The taxpayer makes separate payments of Rs 15,000/-, Rs 16,000/- and Rs 9,000/- all by cash, to the person concerned in a single day. The aggregate amount of payment made to a person in a day, in this case, is Rs 40,000/-. Since, the aggregate payment by cash exceeds Rs 20,000/-, Rs. 40,000/- will not be allowed as a deduction in computing the total income of the taxpayer in accordance with the proposed amendment. The proviso to the proposed sub-section (3A) provides that in certain prescribed cases and circumstances the provisions of proposed sub-sections (3) and (3A) shall not apply. This amendment will take effect from 1st April, 2009 and will accordingly apply in relation to assessment year 2009-10 and subsequent assessment years. Accordingly Rule 6DD is amended accordingly.CBDT Notification No. 97/2008 [F.NO. 142/10/2008- TPL], Dated: October 10, 2008

Davinder Sodhi (Lawyer) (66 Points)
Replied 25 December 2010

You can try cover the payment in following exceptions u/s 40a(3)

 

Illustrative situations of ‘exceptional circumstances’ - All the circumstances in which the conditions laid down in rule 6DD(j)† would be applicable cannot be spelt out. However, some of them which would seem to meet the requirements of the said rule are :

(a) the purchaser is new to the seller; or

(b) the transactions are made at place where either the purchaser or the seller does not have a bank account; or

(c) the transactions and payments are made on a bank holiday; or

(d) the seller is refusing to accept the payment by way of crossed cheque/draft and the purchaser’s business interest would suffer due to non-availability of goods otherwise than from this particular seller; or

(e) the seller, acting as a commission agent, is required to pay cash in turn to persons from whom he has purchased the goods; or

(f) specific discount is given by the seller for payment to be made by way of cash.


Pankaj kumar (Student) (160 Points)
Replied 25 December 2010


Full amount of Rs. 51,200/- will be Disallowed for the Previous Year and will be added in the Computation of Income of the previous year as "disallowance Under Section 40A(3)" and thereby assessable to tax. 

Thanks 

Merry X-mas




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