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Thread: Clause wise discussion on form 3CD Clause 18

  1. #1

    Default Clause wise discussion on form 3CD Clause 18

    Particulars of payments made to persons specified under section 40A(2)(b).

    [Clause 18]

  2. #2

    Default Section 40(A)(2)

    Section 40(A)(2) provides that expenditure for which payment has been or is to be made to certain specified persons listed in the section (Refer Appendix XVI) may be disallowed if, in the opinion of the Assessing Officer, such expenditure is excessive or unreasonable having regard to:

    (i) the fair market value of the goods, services or facilities for which the payment is made or

    (ii) for the legitimate needs of business or profession of the assessee or

    (iii) the benefit derived by or accruing to the assessee from such expenditure.

  3. #3

    Default quantum of disallowance

    The section enjoins on the Assessing Officer the power to fix the quantum of disallowance. Under this clause, the particulars of payments coming under this sub-section are to be stated. The following steps may be taken by the tax auditor in this connection:

    a) Obtain full list of specified persons as contemplated in this section.

    b) Obtain details of expenditure/payments made to the specified persons.

    c) Scrutinise all items of expenditure/payments to the above persons.

    d) It may be difficult to locate all such payments and it may also involve a time consuming effort.
    It is, however, possible tolocalise the area of enquiry by ascertaining the following:

    (i) Call for all contracts or agreements entered into by the assessee and list out the contracts or agreements entered into with the specified persons and segregate theitems of payments made to them under these agreements.

    (ii) In case of payments for purchases and expenses on credit basis, the appropriate ledger accounts can be scrutinised to identify the dealings with the specified persons

    (iii) In case of cash purchases and expenses, the purchase or expense account should be scrutinised. It may be difficult to identify such payments in each and every case where the volume of transactions is rather huge and voluminous. Therefore, it may be necessary to restrict the scrutiny only to such payments in excess of certain monetary limits depending upon the size of the concern and the volume of business of the assessee.

    (iv) In case of a large company, it may not be possible to verify the list of all persons covered by this section and, therefore, the information supplied by the assessee can be relied upon. In this context, a reference may be made to Circular No.143 dated 20.8.1974, issued by the Board, in which it is clarified that an tax auditor can rely upon the list of persons covered under Section 13(3) as given by the managing trustee of a Public Trust. (Refer Appendix `B of A Guide to Audit of Public Trusts under the Income-tax Act published by the Institute). Where the tax auditor relies upon the information in this regard furnished to him by the assessee it would be advisable to make an appropriate disclosure.


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