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Section 40A(2)(b)

Latest Articles


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

Income Tax : Section 40A of the Income-tax Act restricts the deduction of specified business expenses where statutory conditions are not fulfil...

June 10, 2026 16668 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 23169 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 23799 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 352368 Views 4 comments Print


Latest Judiciary


TP Adjustment Set Aside for Failure to Prove Profit Shifting Under Section 80-IA(10)

Income Tax : The ITAT held that a transfer pricing adjustment under Section 80-IA(10) cannot be sustained without proving the statutory conditi...

June 28, 2026 141 Views 0 comment Print

Section 14A Disallowance Reduced as Only Investments Yielding Exempt Income Can Be Considered

Income Tax : ITAT Mumbai held that disallowance under Section 14A must be computed only with reference to investments that actually yielded exe...

June 5, 2026 198 Views 0 comment Print

ITAT Deletes Section 68 Addition as AO Relied Only on Past Accommodation Entry Allegations Without Direct Evidence

Income Tax : The Delhi ITAT upheld deletion of a ₹14.20 crore addition under Section 68, holding that the AO relied on old search findings an...

May 31, 2026 360 Views 0 comment Print

No TDS Disallowance on Branch Transfer & Remuneration to Partner

Income Tax : Mumbai ITAT ruled that transfer of professional fees between branches through journal entries did not attract TDS liability. The T...

May 15, 2026 477 Views 0 comment Print

ITAT Slams ₹120 Crore Section 68 Addition on Fintech Giant: AO Cannot Ignore Evidence & Make Mechanical Additions

Income Tax : ITAT Bangalore held that NIL taxable income disclosed by an Alternative Investment Fund does not automatically negate its creditwo...

May 12, 2026 225 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 14265 Views 0 comment Print


ITAT Sets Aside Section 271BA Penalty for Technical Delay in Filing Form 3CEB

October 18, 2025 1056 Views 0 comment Print

The Ahmedabad ITAT set aside a ₹1 lakh penalty under Section 271BA, ruling that failure to electronically file the Form 3CEB transfer pricing report was a mere technical and procedural default. Crucially, the report was prepared before the search and later physically filed with the Transfer Pricing Officer (TPO).

Disallowances Under Section 40A(2)(b) Unjustified as AO Failed to Prove Excessive Payments to Related Parties

June 30, 2025 1737 Views 0 comment Print

ITAT Ahmedabad deletes arbitrary disallowances under Section 40A(2)(b), emphasizing AO’s burden to prove excessiveness in related party transactions.

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

February 28, 2025 1455 Views 0 comment Print

ITAT Jaipur held that exercise of revisionary power under section 263 of the Income Tax Act on the basis of audit objection is not tenable in law. Accordingly, initiation of proceedings liable to be quashed.

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

February 28, 2025 927 Views 0 comment Print

Assessee submitted share valuation report which was not as per rule 11UA but valuation of shares was done as per ‘Adjusted Net Asset Method and as per ‘future earning analysis.

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

December 3, 2024 2976 Views 0 comment Print

The assessee filed its original return of income which was taken for scrutiny assessment and regular assessment order under section 143(3) of the Act was passed on 29-12-2011.

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

October 28, 2024 1479 Views 0 comment Print

ITAT Ahmedabad held that addition towards bogus purchases made without proper verification of facts but just on the basis of suspicion, surmises and unverified information unjustified and liable to be deleted.

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

October 18, 2024 558 Views 0 comment Print

ITAT Ahmedabad held that deduction under Section 80-IB/80-IE of the Income Tax Act disallowed on loan to employees and bank deposits as such interest income is not income derived from industrial undertaking.

Comparison of Secured & Unsecured Loan Interest Rates Not Justified: ITAT Indore

August 17, 2024 894 Views 0 comment Print

ITAT Indore held that rate of interest on secured loan from banks cannot be compared with the rate of interest on unsecured loan. Accordingly, disallowance of interest u/s. 40A(2)(b) of the Income Tax Act deleted.

No Section 40A(2) disallowance of Expense Without Proof of Excessive or Unreasonable Payment

July 20, 2024 1848 Views 0 comment Print

Egberts India Pvt Ltd wins against ITO as ITAT Chennai allows deduction of consultancy charges paid to resident director. Full text of ITAT Chennai order.

TPO fails to Apply Industry Filter while Determining ALP of Interest: ITAT Deletes addition

May 31, 2024 909 Views 0 comment Print

ITAT Delhi dismisses DCIT’s appeal against DLF Urban Pvt. Ltd. TPO failed to apply industry filter for ALP of interest, resulting in the deletion of Rs. 6.29 crores addition.

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