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Section 40A(2)(b)

Latest Articles


Section 40A: Expenses or payments not deductible in certain circumstances

Income Tax : Summary of Section 40A disallowances, including payments to related parties, cash payments, gratuity provisions, non-statutory fun...

November 17, 2025 15162 Views 0 comment Print

Deductions on Payments to Relatives in Business: A Tax Guide

Income Tax : Understand nuances of claiming tax deductions on payments to relatives in business. Learn how Section 40A(2) of Income Tax Act, 19...

September 11, 2023 22734 Views 1 comment Print

Disallowance u/s 40(a)(ia), 40A & 43B vis a vis income declared u/s 44AD & 44ADA & 44E

Income Tax : The issue under consideration in this write up is whether disallowance u/s 40(a)(ia), 40A & 43B of Income Tax Act, 1961 are at...

January 29, 2022 23394 Views 2 comments Print

Related Party Transactions – Section 40A(2) of Income Tax Act,1961

Income Tax : Introduction Section 40A(2) of Income Tax Act, 1961 deals with payments to relatives and associated persons. It provides that wher...

December 13, 2020 349701 Views 4 comments Print


Latest Judiciary


ITAT Nagpur Deletes FMV Rent & Related Party Salary Disallowance – Inspector Report Held Insufficient

Income Tax : The Tribunal reversed additions made towards alleged suppressed rent and bogus salary expenses. It emphasized factual consistency,...

February 19, 2026 165 Views 0 comment Print

Section 263 Cannot Be Invoked Where AO’s View on deduction Is Plausible: ITAT Pune

Income Tax : The issue was whether revision under section 263 could be invoked when the Assessing Officer had accepted a legally possible view....

February 2, 2026 819 Views 0 comment Print

Change of Opinion Barred: Section 263 Invalid After Comprehensive AO Enquiry

Income Tax : The tribunal held that where the Assessing Officer conducted exhaustive enquiries and applied his mind in a 153C assessment, revis...

January 24, 2026 351 Views 0 comment Print

ITAT Ahmedabad Upholds ₹2.40 Cr Disallowance u/s 40A(2)(b) for Excess Director Remuneration

Income Tax : Restoring the Assessing Officer’s findings, the Tribunal ruled that excessive salary to related directors can be disallowed when...

January 21, 2026 525 Views 0 comment Print

Deemed Dividend Deleted as Transactions Were Business Dealings

Income Tax : The Tribunal considered whether disallowance under section 14A was justified merely because exempt income was earned. It ruled tha...

January 14, 2026 207 Views 0 comment Print


Latest Notifications


CBDT notifies more modes of e-payments; 6DD limit reduced to ₹ 10000

Income Tax : Notification No. 8/2020-Income-Tax- CBDT has notified Other electronic modes by inserting New Income TAx Rule 6ABBA. It also amend...

January 29, 2020 14007 Views 0 comment Print


Latest Posts in Section 40A(2)(b)

ITAT Nagpur Deletes FMV Rent & Related Party Salary Disallowance – Inspector Report Held Insufficient

February 19, 2026 165 Views 0 comment Print

The Tribunal reversed additions made towards alleged suppressed rent and bogus salary expenses. It emphasized factual consistency, business necessity, and absence of tax avoidance in granting relief to the assessee.

Section 263 Cannot Be Invoked Where AO’s View on deduction Is Plausible: ITAT Pune

February 2, 2026 819 Views 0 comment Print

The issue was whether revision under section 263 could be invoked when the Assessing Officer had accepted a legally possible view. The Tribunal held that where two views exist and the AO adopts one, the order is neither erroneous nor prejudicial.

Change of Opinion Barred: Section 263 Invalid After Comprehensive AO Enquiry

January 24, 2026 351 Views 0 comment Print

The tribunal held that where the Assessing Officer conducted exhaustive enquiries and applied his mind in a 153C assessment, revision under section 263 is invalid. A mere change of opinion cannot justify reopening a concluded assessment.

ITAT Ahmedabad Upholds ₹2.40 Cr Disallowance u/s 40A(2)(b) for Excess Director Remuneration

January 21, 2026 525 Views 0 comment Print

Restoring the Assessing Officer’s findings, the Tribunal ruled that excessive salary to related directors can be disallowed when it substitutes dividend distribution. Reasonableness must be judged against comparable market remuneration.

Deemed Dividend Deleted as Transactions Were Business Dealings

January 14, 2026 207 Views 0 comment Print

The Tribunal considered whether disallowance under section 14A was justified merely because exempt income was earned. It ruled that without corresponding investments in the assessee’s books, section 14A cannot be invoked.

Section 40A(3) Disallowance Set Aside in Invalid Reassessment

January 9, 2026 213 Views 0 comment Print

The case examined whether reassessment after four years was valid when the issues were already examined in scrutiny. The Tribunal held the reopening invalid as a mere change of opinion and quashed the reassessment.

Survey-Based Suspicion Not Enough: AMP & Credit-Note Payments Allowed by ITAT

December 27, 2025 207 Views 0 comment Print

The Tribunal ruled that AMP expenses incurred by a brand-owning trader cannot be allocated to contract manufacturers without proof of obligation or agreement. Tax incentives enjoyed by related entities alone were held insufficient.

Project Completion Method Upheld, Revenue Appeal Dismissed

December 22, 2025 255 Views 0 comment Print

he assessee had already offered the same project income to tax in later years. The Tribunal held that taxing it again earlier would amount to double taxation. Key takeaway: timing disputes cannot justify taxing the same income twice.

Donation in accordance with object of the trust cannot be disallowed

December 6, 2025 258 Views 0 comment Print

ITAT Delhi held that rebate and concession in fees to poor student claimed as donation is in accordance with object of the trust and hence deletion of disallowance of donation by CIT(A) is justifiable. Accordingly, appeal of revenue dismissed.

ITAT Pune: ₹1.62 Cr u/s 68 Deleted — No “Source of Source” Needed Pre-01.04.2023

December 5, 2025 1632 Views 0 comment Print

Explains how ITAT Pune held that unsecured loans prior to 01.04.2023 do not require proving the lender’s source of funds, leading to deletion of a ₹1.62 crore addition.

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