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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 15450 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 22890 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 23553 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 350502 Views 4 comments Print


Latest Judiciary


Addition Under Section 40A(2)(a) Deleted Due to Incorrect Comparison of Services

Income Tax : The ITAT held that the Assessing Officer wrongly compared dissimilar email marketing services to determine excess payment. The rul...

April 4, 2026 261 Views 0 comment Print

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 246 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 948 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 441 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 732 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 14103 Views 0 comment Print


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

October 18, 2024 507 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 837 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 1749 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 810 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.

Section 40A(2)(b) cannot be invoked if no excessive or unreasonable payment

May 6, 2024 2175 Views 0 comment Print

Explore the intricacies of Section 40A(2)(b) with insights from the M S Hostel Vs DCIT case. Learn why salary disallowance requires thorough examination of fair market value and legitimate business needs.

Compensation for unilaterally terminating certain obligation under agreement is business income: ITAT Mumbai

March 20, 2024 822 Views 0 comment Print

ITAT Mumbai held that compensation received by the assessee in out of court settlement for unilaterally terminating certain obligation under the agreement is an income assessed to business income and not an income assessed to capital gains as claimed by the assessee.

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

March 19, 2024 1983 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 1368 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 2916 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 2463 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.

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