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rule 8D

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Section 14A disallowance even in absence of any exempt income

Income Tax : Clarification in respect of disallowance under section 14A in absence of any exempt income during an assessment year Section 14A o...

February 1, 2022 35586 Views 3 comments Print

Section 14A disallowance- South Indian Bank Ltd Vs. CIT (Supreme Court)

Income Tax : The issue before the Hon’ble Supreme Court (SC) was whether section 14A of the Income-tax Act, 1961 (the Act) enables the Depart...

September 21, 2021 7533 Views 1 comment Print

Disallowance under section 14A: Another instance where section is not invoked

Income Tax : The ever debatable ‘Disallowance under section 14A’ (read with Rule 8D (2) now has again found a different horizon whe...

May 19, 2021 4218 Views 0 comment Print

No applicability of section 14A on LTCG exemption of Rs.1 Lakh

Income Tax : No applicability of section 14A on exemption of Rs.1,00,000/- (One Lakh) Long Term Capital Gain (LTCG) under Section 112A of Incom...

January 14, 2021 64074 Views 2 comments Print

Analysis of Section 14A read with Rule 8D

Income Tax : Section 14A of the Income Tax Act, 1961 (‘the Act’) provides that no deduction shall be allowed of any expenditure incurred in...

October 16, 2020 76635 Views 1 comment Print


Latest News


Stop Mechanical disallowance of expenditure u/s 14A r.w. Rule 8D: ICAI

Income Tax : The mechanical disallowance u/s 14A r.w. Rule 8D is also being added to the book profit by the AO irrespective of the fact whethe...

January 24, 2018 843 Views 0 comment Print

Bombay high court to hear petition challenging Constitutional validity of Rule 8D

Income Tax : As earlier intimated to you, Writ Petition bearing No. 50 of 2010 (Indian Exporters Grievances Forum & Other vs. CIT) challenging ...

February 17, 2010 498 Views 0 comment Print


Latest Judiciary


Inclusion of Bank & Bank Guarantee Charges for Disallowance u/s 14A Unjustified: ITAT Delhi

Income Tax : ITAT Delhi held that disallowance u/s. 14A of the Income Tax Act unjustified as sufficient interest free funds were available for ...

July 31, 2024 234 Views 0 comment Print

TDS not deductible on Payments which become Taxable Due to Retrospective Amendment

Income Tax : Read the detailed judgment of Bombay High Court in ACIT Vs Sociedade de Fomento Industrial Pvt Ltd regarding TDS deduction on retr...

July 18, 2024 387 Views 0 comment Print

Gujarat HC allows Section 80IA(4) deduction to Captive Power Plant of Alembic Ltd

Income Tax : Gujarat High Court grants Alembic Ltd Rs. 4 crore income tax deduction under Section 80IA for their captive power plant. Read the ...

July 10, 2024 627 Views 0 comment Print

ITAT allows foreign travel expenses for board meetings in Singapore

Income Tax : ITAT Cuttack rules replacement of gear boxes in Surface Furnace Kiln as current repairs under Section 31(1) for Sponge Tata Iron L...

July 8, 2024 294 Views 0 comment Print

Section 14A disallowance based on presumptions of earning dividend income in future is unsustainable 

Income Tax : Read the detailed analysis of Zodiac Ventures Ltd. vs. ITO case by Mumbai ITAT regarding income tax disallowance based on presumpt...

June 25, 2024 288 Views 0 comment Print


Latest Notifications


CBDT Circular No. 5/2014 Dated: 11.02.2014

Income Tax : Circular No. 5/2014-Income Tax Central Board of Direct Taxes, in exercise of its powers under section 119 of the Act hereby clari...

February 11, 2014 51944 Views 0 comment Print

Notification No. 45/2008-Income Tax Dated: March 24, 2008 on Section 14A

Income Tax : INCOME TAX NOTIFICATION NO-45/2008, DT: March 24, 2008 Method for determining amount of expenditure in relation to income not incl...

March 31, 2008 3593 Views 0 comment Print


Payment of guarantee fee to Gujarat Government is revenue expenditure

September 15, 2023 285 Views 0 comment Print

ITAT Ahmedabad held that payment of guarantee fee to the Govt. of Gujarat in consideration of guarantee issued by it for repayment of unsecured loan is revenue expenditure.

No Section 14A Disallowance if No Expenditure Claimed in P&L accounts

September 1, 2023 717 Views 0 comment Print

Delhi’s ITAT rules on disallowance under section 14A of the Income Tax Act. The verdict clarifies treatment of revenue expenses not claimed in P&L accounts.

Late TDS Deposit Interest not deductible as Business Expenditure

August 30, 2023 720 Views 0 comment Print

Analysis of Shiva Pharmachem Ltd vs. DCIT case where ITAT Ahmedabad rules no disallowance under section 14A of Income Tax Act without any exempt income. Full text of ITAT order included.

Disallowance of staff welfare expenditure resorting to adhoc base unsustainable

August 29, 2023 1755 Views 0 comment Print

ITAT Delhi held that disallowance of staff welfare expenditure on the adhoc basis unsustainable as AO failed to establish as to who the expenses are not incurred for business purpose.

ITAT allows Electricity expenses which were disallowed on mere presumptions

August 28, 2023 372 Views 0 comment Print

Detailed analysis of ITAT’s decision in Uma Rajendra Agarwal Vs ACIT regarding deletion of adhoc disallowance on electricity expenses.

Capital Expenditure Incurred Only When Whole Machine is Replaced, Not for Parts

August 1, 2023 1722 Views 0 comment Print

In present facts of the case, the Hon’ble Tribunal while deducting the additions made by Ld. AO for repair and maintenance, it was observed that if the replacement is of a baby part only, then the same cannot be considered to be a capital expenditure.

Corporate Guarantee facility provided to overseas AE is international transaction

July 31, 2023 597 Views 0 comment Print

ITAT Mumbai held that Corporate Guarantee facility provided to overseas AE by the assessee is an international transaction and hence addition towards Arm’s Length Guarantee Fee confirmed.

Disallowance u/s 14A against Expenses for Exempt Income, Not Taxable Income

July 17, 2023 630 Views 0 comment Print

ITAT Delhi held that disallowance u/s 14A of the Act is made in respect of expenses attributable to exempt income and not the taxable income. Further, the disallowance u/s 14A of the Income Tax Act should not exceed the exempt income of that year.

No Disallowance under section 14A if assessee not earned any exempt income

July 16, 2023 2901 Views 0 comment Print

The ITAT Hyderabad recently ruled in favor of NCC Infrastructure Holdings Limited, declaring no disallowance of deduction under section 14A of the Income Tax Act can be made if the assessee hasn’t earned any exempt income.

CESTAT Orders Reconsideration Amidst Rule 8(3A) Controversy

July 15, 2023 342 Views 0 comment Print

In a tax dispute with Baroda Rayon Corporation, the CESTAT Ahmedabad has ordered a fresh review due to the legal status of Rule 8(3A) of the Central Excise Rules, 2002. This case raises critical questions regarding the interpretation and application of taxation laws.

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