Need Tally
for Clients?

Contact Us! Here

  Tally Auditor

License (Renewal)
  Tally Gold

License Renewal

  Tally Silver

License Renewal
  Tally Silver

New Licence
  Tally Gold

New Licence
 
Tally On Cloud Tally on Cloud: Ready for the Daily Backup Requirement
Keep your Tally books accessible from anywhere while supporting your Rule 46(8) obligations. With daily backups configured on servers physically located in India, Tally on Cloud helps you maintain the backup arrangement required for electronic books of account under the Income-tax Rules, 2026. Move your Tally to the cloud with confidence.
Open DEMAT Account with in 24 Hrs and start investing now!
« Top Headlines »
Open DEMAT Account in 24 hrs
 Mock Test Papers Series - I & II for Students appearing in CA Foundation January 2027 Examination.
 Income Tax Rules 2026: CBDT Introduces Revised Form 161 for Penalty Waiver, Clarifies Misreporting Categories and Taxpayer Relief
 ITR Filing and Income Tax Audit Deadline Extended: 5 Critical Things Taxpayers Must Know
 Filing Belated ITR for AY 2026-27? Know Which Losses You Can Carry Forward and Which You May Lose
 CBDT Extends Tax Audit Report Deadline to October 21, ITR Filing Last Date to November 21 for AY 2026-27
 CBDT Extends AY 2026-27 ITR Filing Deadline for Tax-Audit Cases: New Dates and Key Compliance Details
 Foreign Assets Missing From Your ITR? Income Tax Department Opens One-Time Disclosure Window
 Tax Audit Deadline September 30: Why AIS, TDS and GST Figures May Not Match Your ITR and What Taxpayers Should Do
 Tax audit deadline September 30: Common mistakes taxpayers should avoid
 Your ITR says ‘verified’, but the refund hasn’t arrived? 5 reasons why your money could be stuck
 Missed the ITR Deadline but TDS Refund Is Due? Here’s How You Can Still Claim Your Money

The 20k fixation
May, 27th 2008

Several laudable and well-intentioned amendments have been made to Section 40A (3) of the Income-Tax Act, 1961 over the years on a piecemeal basis. First, insistence on payment through banking channels of an amount exceeding Rs 20,000 was made more meaningful by further insisting on the cheque or demand draft being crossed account payee so as to be able to reach out to the payee quickly which was considerably frustrated when a mere crossed cheque or demand dr aft was accepted as good enough.

Quixotic penalty

A non-account payee crossing permitted its negotiability, thus tying the I-T department in knots and leaving them running in a blind alley. The regime was made more meaningful when the rather quixotic penalty of disallowing just 20 per cent of payments made otherwise than by a crossed cheque or DD was replaced by a penalty that disallows the entire payment.

But the department was still hamstrung because courts bailed out the delinquents when they pulled wool over everyones eyes by recording several payments during the course of the day with each one not being for more than Rs 20,000.

The Finance Act, 2008 has plugged this loophole as well so much so that what matters now are payments made during the course of a day to a person. If the aggregate is more than Rs 20,000, it would attract the axe.

Decks cleared?

Has the department cleared all the decks? Unfortunately, the answer is no. Those intent on making cash payments in excess of Rs 20,000 in the course of a day have still a ridiculously simple expedient at their disposal. What was earlier spread during the day would now be spread during the course of the week. In other words, the department would continue to be frustrated in carrying its battle into the black money camp.

What then is the solution? No law should be made which has got in-built loopholes because government should not be made to look sheepish or foolish. The fertile loopholes still bedevilling the regime are mainly two splitting the cash payment over several days as pointed out above and the latitude granted in permitting cash payments when the due date for payment happens to be a bank holiday or when the bank is closed due to strike.

This latitude should be done away forthwith because even if the bank is closed that day the cheque can always be presented the next day for collection given the fact that a crossed cheque after all is not going to be paid by the bank across the counter in cash.

Leeway being exploited

Experience shows that this leeway granted by Rule 6DD is being exploited to the hilt by the deviants so much so that the severity of the main provision stands considerably diluted and undermined. Simultaneously, the fixation with Rs 20,000 should be given up.

In cities and towns where there is banking facility there is no reason why leeway up to Rs 20,000 should be given. The only leeway given should be for petty cash payments to auto rickshaws, taxis etc.

In other words, the norm should be routing of all payments through banking channels. The only two exceptions brooked should be petty cash payments with their list being carefully drawn and payments to residents living in places where there is no banking facility.

For, experience shows that if you give an inch, the deviants take a foot. They have played with the magic figure of Rs 20,000 cleverly all these years and would continue to do so unless the government reads the riot act.

S. Murlidharan
(The author is a Delhi-based chartered accountant.)
Home | About Us | Terms and Conditions | Contact Us
Copyright 2026 CAinINDIA All Right Reserved.
Designed and Developed by Ritz Consulting