WHICH SECTION WILL APPLICABLE FIRST SEC 40A(2) OR 40A(3)

2864 views 32 replies

As per interpretation of the Act i would say that first of all the amount of expense has to be decided.

Now applying Sec 40A(2) amount of expense shall be considered as Rs. 19000 for official purpose.Hence Rs.11000 will be considered as unreasonable and shall be Disallowed.

Now there is no need for applying Sec 40A(3) as the amount of Expense for Computing Business income is only Rs.19000.

Respected Balramji,

After going through a long difference of point of views, my point of view is that - say an expenditure is disallowable eg expenditure is not related to the taxable income, then whether u r paying it through cash or cheque does not matter, but the expenditure is simply disallowable, then after Sec 40A(3) is comming for mode of payments. so definitely 40A(2) will come first, then Sec 40A(3)

In given case as Rs11000 is disallowed first then balance Rs 19000 is allowable

Thanks

Debashis

Section 40A(3) will apply in this case and whole of the amount will be disallowed.

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 20 June 2026
Articleship

RB KESHRI & CO

Mumbai

B.Com

View Details
Company
06 July 2026
Accountant

Agarwal Anoop and Associates

Noida

CA Final

View Details
Company
29 June 2026
ACCOUNTANT

SANDEEP AASHISH & CO

Araria

B.Com

View Details
Company
ARTICLESHIP 24 June 2026
CA Article Trainee

Rahul Dang & Associates

Pune

CA Inter

View Details
Company
ARTICLESHIP 30 June 2026
2 posts Article assistant and Articleship completed students

Chirag N Shah & Associates

Mumbai

CA Inter

View Details
Company
ARTICLESHIP 27 June 2026
CA Articled Trainee And Paid Assistant

SKAA & Associates

New Delhi

CA Inter

View Details
Company
25 June 2026
Accounts & Taxation Executive

Dindukurthy & Associates

Hyderabad

MBA

View Details
Company
24 June 2026
Chartered Accountant

CA Darshita Shah & Co

Nadiad

CA

View Details