Explain by giving brief reasons, whether the following statements are true or false, with regard to the provisions contained in Income-tax Act, 1961: (a) Payment made through a cheque duly crossed as "& Co" in respec

CS Professional · Advanced Tax Laws and Practice · PYQS · June 2019
Explain by giving brief reasons, whether the following statements are true or false, with regard to the provisions contained in Income-tax Act, 1961: (a) Payment made through a cheque duly crossed as "& Co" in respect of a business expenditure incurred on 16th Feb., 2019 for ₹45,000 is not hit by the provisions of section 40A(3).

Answer & Explanation:

False: As per section 40A(3) of the Income Tax Act, 1961, 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, exceeds ten thousand rupees, no deduction shall be allowed in respect of such expenditure. In the present case, the payment of ₹45,000 made by cheque crossed as "& Co" will not be allowable. The same will be disallowed u/s 40A(3) of the Income tax Act, 1961 as the cheque is not crossed as account payee.

Topics: Income Tax Act, 1961

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