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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


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

May 6, 2024 2310 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 879 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 2256 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 1512 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 3057 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 2571 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 621 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 1236 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(2)(b) Disallowance for Assumed Higher Sub-contracting Income is unsustainable

November 1, 2023 1593 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 714 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.

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