The Tribunal that the provisions of S. 40A (3) does not apply. It was held that if the expenditure had not been debited to the profit and loss account but was reimbursed by another company, there was no claim made by the assessee to deduction of expenditure as none of these expenses had been entered into the profit and loss account, then the provisions of section 40A (3) did not apply thereto. (AY.2006-07, 2007-08)
Rainbow Promoters (P.) Ltd. v. ACIT (2022) 95 ITR 232 (Delhi) (Trib)
S. 40A(3) : Expenses or payments not deductible-Cash payments exceeding prescribed limits-Expenditure not debited to profit and loss account-Disallowance cannot be made.