Wednesday, May 18, 2016

Disallowance on account of cash payment exceeding Rs. 20,000 would be eligible for sec. 80-IB relief

Where assessee paid cash for certain expenses in excess of limit prescribed under Section 40A(3) and, consequently, it was added back to income of assessee, it would be treated as income from undertaking and, thus, would be eligible for deduction under section 80-IB.
Facts
a)    Assessee, eligible for deduction under section 80-IB, made payment in cash for certain expenses in violation of section 40A(3). Consequently, the Assessing Officer (AO) disallowed said payments.
b)    Assessee filed an unsuccessful appeal before the CIT(A). The contention of the assessee was that, though the expenses were disallowed under Sec. 40A(3) and would be added back to gross total income, deduction under section 80-IB was allowable on same.

c)    Aggrieved by the order of the CIT(A), assessee filed the instant appeal before the tribunal.


The tribunal held in favour of assessee as under-
1)    The provisions of section 40A(3) have been framed in order to curb the transactions in cash and to encourage the banking transactions.
2)    It was observed that no aspersions had been cast on the genuineness of the expenses incurred by assessee. Thus, the argument of the assessee was correct that the addition would enhance the income earned from the undertaking, therefore, he was eligible for deduction under section 80-IB- [2016] 69 taxmann.com 130 (Chandigarh - Trib.)

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