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Section 40A(2)(b)

Latest Articles


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

Income Tax : Dive into critical tax regulations and provisions, from related party payments to cash disallowance, and learn how they impact you...

November 1, 2023 12660 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 19752 Views 0 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 21813 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 322824 Views 4 comments Print


Latest Judiciary


Initiation of revision proceedings u/s. 263 based on audit objection not tenable in law: ITAT Jaipur

Income Tax : ITAT Jaipur held that exercise of revisionary power under section 263 of the Income Tax Act on the basis of audit objection is not...

February 28, 2025 645 Views 0 comment Print

Addition not justified as fair market value determined as per rule 11UA: ITAT Jodhpur

Income Tax : Assessee submitted share valuation report which was not as per rule 11UA but valuation of shares was done as per 'Adjusted Net Ass...

February 28, 2025 177 Views 0 comment Print

Additions on grounds not part of reasons recorded for reopening assessment is unsustainable

Income Tax : The assessee filed its original return of income which was taken for scrutiny assessment and regular assessment order under sectio...

December 3, 2024 1227 Views 0 comment Print

Addition towards bogus purchases based on suspicion, surmises and unverified information unjustified

Income Tax : ITAT Ahmedabad held that addition towards bogus purchases made without proper verification of facts but just on the basis of suspi...

October 28, 2024 669 Views 0 comment Print

Deduction u/s. 80-IB disallowed for interest on staff advances and bank deposits: ITAT Ahmedabad

Income Tax : ITAT Ahmedabad held that deduction under Section 80-IB/80-IE of the Income Tax Act disallowed on loan to employees and bank deposi...

October 18, 2024 303 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 13392 Views 0 comment Print


Higher interest paid on unsecured loan to related party justified as loan received without any security: ITAT Mumbai

March 19, 2024 1116 Views 0 comment Print

ITAT Mumbai held that rate of interest @18% paid to related party towards unsecured loan is reasonable as rate of interest charged by bank @12% is with security, whereas, rate of interest charged on unsecured loan is without any security.

Payment to related party cannot be disallowed u/s. 40A(2)(b) as AO failed to prove it as unreasonable: ITAT Delhi

March 18, 2024 765 Views 0 comment Print

Trinity Global Enterprises Ltd. vs. ITO: No disallowance under 40A(2) for supervision and risk management charges. Detailed analysis and conclusions provided.

No 271(1)(c) Penalty Without Willful Concealment or Furnishing Inaccurate Details

February 13, 2024 2184 Views 0 comment Print

Mumbai ITAT deletes penalty under section 271(1)(c) for Eureka Outsourcing Solutions, stating making an incorrect claim does not amount to furnishing inaccurate particulars.

Section 40A(2)(a) applies to payments to directors with substantial interest in company

January 24, 2024 1902 Views 0 comment Print

ITAT Mumbai held that provisions of section 40A(2)(a) of the Income Tax Act are applicable in cases, wherein, the director of subsidiary company, to whom payment has been made, has substantial interest in the assessee.

Creation of dummy units for SSI exemption not established hence duty demand not sustained

January 19, 2024 339 Views 0 comment Print

CESTAT Ahmedabad held that duty demand unsustainable as charges against appellant of creating dummy units for keeping the value of clearance below SSI exemption not established.

ITAT deletes Section 40A(2)(a) interest disallowance for failure to compare with FMV

November 4, 2023 693 Views 0 comment Print

Genxt Mobile LLP wins appeal as ITAT deletes disallowance on interest payment, citing failure to compare with the fair market value under Section 40A(2)(a).

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

November 1, 2023 12660 Views 0 comment Print

Dive into critical tax regulations and provisions, from related party payments to cash disallowance, and learn how they impact your deductions. Uncover the complexities of tax compliance.

Section 40A(2)(b) Disallowance for Assumed Higher Sub-contracting Income is unsustainable

November 1, 2023 1221 Views 0 comment Print

ITAT Delhi held that disallowance under section 40A(2)(b) of the Income Tax Act on merely estimating that more income should have been earned from sub-contracting without bringing any comparable figures is unsustainable in law.

Discount towards sale of low-quality sponge iron to sister concern duly allowable

October 30, 2023 516 Views 0 comment Print

ITAT Raipur held that addition on account of discount allowed to sister concern unsustainable as assessee duly placed on record documentary evidence to substantiate the factum of having sold low-quality sponge iron to its sister concern. Accordingly, rejection of discount merely on the basis of doubts and suspicion unjustified.

No addition u/s 41 for opening balance of trade payables in absence of verification of parties

October 25, 2023 1173 Views 0 comment Print

AO without bringing any material or reasons before making any addition, simply added back the opening balances of the trade payables without making any verification from the parties and he had failed to discharge the preliminary onus and had made the addition in summary manners, therefore, CIT(A) had committed no error in deleting the addition made u/s 41.

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