Karnataka HC reverses ITAT order, deletes disallowance u/s. 40A(3) for payments made by assessee (a manufacturing company) to vendors by non-crossed bank drafts during AY 2005-06; Notes that Revenue had disallowed the expenses only on the grounds that the drafts were not crossed as mandated by Sec.40A(3) read with Rule 6DD, but had not disbelieved the genuineness of purchases; Further notes that the documents such as registered dealer invoices, transit documents, freight charges paid, vendors’ sales tax returns, letters from bank indicated that the purchases were genuine and payments made to vendors were credited to their respective bank accounts; Cites the main objective of crossing a demand draft is to ensure that the payment is deposited in whose favour the draft is drawn (i.e. the payee receives the payment) and it is routed through banking channels, noting that both the conditions were met in the present case, ITAT holds that the spirit for which Sec.40A(3) was promulgated is satisfied; Moreover, acknowledges assessee’s contention that normally suppliers require drafts for quick realization, and hence non-crossed drafts were issued, relies on SC judgment in Attar Singh Gurmukh Singh.:HC
Subscribe to:
Post Comments (Atom)
Karnataka HC holds HSNS Cess framework unconstitutional due to manner of Cess calculation
This Tax Alert summarizes a recent ruling of the Karnataka High Court (HC) [1] on the constitutional validity of Health Security se Natio...
-
ITC is blocked on motor vehicles having seating capacity ≤ 13 persons (including the driver) used for the transportation of persons. Furth...
-
This Tax Alert summarizes a recent judgement of the Delhi High Court (HC)on imposition of penalty on directors of a company under the Ce...
-
A new website launched for TDS related matters www.tdscpc.gov.in TRACES – T DS R econciliation A nalysis and C orrection E nabling S yste...
-
Clarifications from the GST Council The GST Council has recommended the following clarifications on ISD and cross charge:
-
Recently, in a significant taxpayer-friendly ruling, the Hon’ble Mumbai ITAT, in the case of Nikesh Bhagwandas Mehta vs. ITO , has clarifi...
-
Section 68 -Cash credits Section 69 -Unexplained investments Section 69A - Unexplained money, etc Section 69B -Amount of investme...
-
LEASE-DEED (A brief Introduction) Lease defined. A lease of immovable property is a transfer of a right to enjoy such property, mad...
-
THE issues before the Bench are - Whether when an expenditure is claimed to have been incurred by an assessee for promotion of his busine...
-
Income Tax Department had clarify that the renting of mobile tower would attract lower TDS Deductions u/s. 194-I and not u/s...
-
Sr No Due Date Related to Compliance to be made 1 11.07.2026 GST ...
No comments:
Post a Comment