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Cases In Which A Payment Or Aggregate Of Payments Exceeding 10000 /- Ten Thousand Rupees May Be Made

Updated: Nov 8, 2020


 

As per Section 40A(3) of Income Tax Act 1961

Expenditure made and paid in Cash in Current Year

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, or

use of electronic clearing system through a bank account or

through such other electronic mode as may be prescribed


exceeds ten thousand rupees, no deduction shall be allowed in respect of such expenditure.


 

As per Section 40A(3A) of Income Tax Act 1961

Expenditure made but paid in Cash in subsequent Years

Where an allowance has been made in the assessment for any year in respect of any liability incurred by the assessee for any expenditure and subsequently during any previous year (hereinafter referred to as subsequent year) the assessee makes payment in respect thereof, otherwise than by

an account payee cheque drawn on a bank or

account payee bank draft, or

use of electronic clearing system through a bank account or

through such other electronic mode as may be prescribed


the payment so made shall be deemed to be the profits and gains of business or profession and accordingly chargeable to income-tax as income of the subsequent year if the payment or

aggregate of payments made to a person in a day, exceeds ten thousand rupees.



 

However, Rule 6DD Defines the circumstances where Payment Or AggregateOfPayments Exceeding Ten Thousand Rupees May Be Made To A Person In A Day, otherwise than by an account payee cheque drawn on a bank or account payee bank draft or use of electronic clearing system through a bank account or through such other electronic mode as prescribed in rule 6ABBA.


 

A. Where payment is made to

1. the Reserve Bank of India or any banking company as defined in clause(c) of section 5 of the Banking Regulation Act, 1949 (10 of 1949);

2. the State Bank of India or any subsidiary bank as defined in section 2 of the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959);

3. any co-operative bank or land mortgage bank;

4.any primary agricultural credit society or any primary credit society section 56 of the Banking

Regulation Act, 1949 (10 of 1949);

5.the Life Insurance Corporation of India established under section 3 of the Life Insurance

Corporation Act, 1956 (31 of 1956);


B. Where the payment is made to the Government and, under the rules framed by it, such payment is required to be made in legal tender;


C. where the payment is made by—

1. any letter of credit arrangements through a bank;

2. mail or telegraphic transfer through bank

3. a book adjustment from any account in a bank to any other account in that or any other bank;

4. a bill of exchange made payable only to a bank;


D., where the payment is made by way of adjustment against the amount of any liability incurred by the payee for any goods, supplied or services rendered by the assessee to such payee;


E. where the payment is made for the purchase of

1. agricultural or forest produce.

2. the produce of animal husbandry(including livestock, meat,hides and skins) or dairy or poultry

3. fish or fish products

4. the products of horticulture apiculture

to the cultivator, grower or producer of such articles, produce or products.


f. where the payment is made for the purchase of the products manufactured or processed without the aid of power in a cottage industry,to the producer of such products;


(g) where the payment is made in a village or town, which on the date of such payment is not served by any bank, to any person who ordinarily resides, or is carrying on any business, profession or vocation, in any such village or town;

(h) where any payment is made to an employee of the assessee or the heir of any such employee, on or in connection with the retirement, retrenchment, resignation, discharge or death of such employee, on account of gratuity, retrenchment compensation or similar terminal benefit and the aggregate of such sums payable to the employee or his heir does not exceed fifty thousand rupees;


(i) where the payment is made by an assessee by way of salary to his employee after deducting the income-tax from salary in accordance with the provisions of section

192 of the Act, and when such employee—

(i) is temporarily posted for a continuous period of fifteen days or more in a place other

than his normal place of duty or on a ship; and

(ii) does not maintain any account in any bank at such place or ship;


(j) 4[ *** ]

(k) where the payment is made by any person to his agent who is required to make payment in cash for goods or services on behalf of such person;

(l) where the payment is made by an authorised dealer or a money changer against purchase of foreign currency or travellers cheques in the normal course of his business.

Explanation.—For the purposes of this clause, the expressions ―authorised dealer or ―money changer‖ means a person authorised as an authorised dealer or a money changer to deal in foreign currency or foreign exchange under any law for the time being in force.]


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