In the result, ITA No. 114/GTY/2024 for AY 2017-18 is partly allowed for statistical purposes
Bench: Shri Manomohan Das & Shri Rakesh Mishra
Section 40A(3) of the IT Act. The said disallowance is a statutory disallowance and the AO has no discretion in this regard. The Appellant also did not elaborate whether the payments fall under any exceptions. Hence, it can be concluded that the AO has rightfully disallowed the payments. Thus, the disallowance u/s 40A(3) of the IT Act amounting