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2012 (7) TMI 557 - HC - Income TaxViolation of provisions of Section 40A(3)- Tribunal allowed payment of cash amounting to Rs.3,80,083 by the assessee to the supplier's bank account - Held that:- Unless there are exceptional and unavoidable circumstances, the payment made in excess of Rs.10,000/- by cash would not escape the rigour of Section 40A(3) - the mere circumstance that the amount had been remitted to the account of the payee, would not be a good ground to accept the case of the assessee that Section 40A(3)will not applied - the deposit of the amount to the bank does not make the case any shade better than a cash payment for the purpose of condoning the conduct of the assessee - Order of Tribunal is set aside - against assessee.
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