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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 10161 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 14064 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 20679 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 290742 Views 4 comments Print


Latest Judiciary


Comparison of secured loan and unsecured loan interest rate not justified: ITAT Indore

Income Tax : ITAT Indore held that rate of interest on secured loan from banks cannot be compared with the rate of interest on unsecured loan. ...

August 17, 2024 87 Views 0 comment Print

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

Income Tax : Egberts India Pvt Ltd wins against ITO as ITAT Chennai allows deduction of consultancy charges paid to resident director. Full tex...

July 20, 2024 1026 Views 0 comment Print

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

Income Tax : ITAT Delhi dismisses DCIT's appeal against DLF Urban Pvt. Ltd. TPO failed to apply industry filter for ALP of interest, resulting ...

May 31, 2024 276 Views 0 comment Print

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

Income Tax : Explore the intricacies of Section 40A(2)(b) with insights from the M S Hostel Vs DCIT case. Learn why salary disallowance require...

May 6, 2024 723 Views 0 comment Print

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

Income Tax : ITAT Mumbai held that compensation received by the assessee in out of court settlement for unilaterally terminating certain obliga...

March 20, 2024 408 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 12972 Views 0 comment Print


S. 40A(2)(b) Loan taken from relatives cannot be compared with bank loan

December 20, 2013 10767 Views 0 comment Print

It was held that loan taken from the relatives cannot be compared with bank loan because loan from the relatives are without security, while loan from the bank is secured. Tribunal has held in the case of Omkarmal Gaurishanker –Vs- ITO reported in 92 TTJ (Ahd.) 223 that interest paid to relatives @24% is reasonable.

S. 40A(2)(b) Interest on loan @ 12% paid to related party can’t be considered as excessive

December 20, 2013 11323 Views 0 comment Print

CIT(A) found force in the submission of the assessee that the interest at the rate of 12% was also taken as reasonable in the Income Tax Act under the provisions of section 40A(b)(iv) for the purpose of calculating interest to the partners. The CIT(A) also followed the decision of the Tribunal in the case of ACIT Vs. M/s.Raj Steel Industries and Vipul Y. Mehta Vs. ACIT (supra) where the rate of interest at 18% to 24% was considered to be reasonable.

S. 40A(2)(b) Interest on unsecured loan from relatives @ 18% is reasonable

December 20, 2013 120820 Views 7 comments Print

We have heard both the parties and perused the material placed before us. We find that during the year under consideration, the assessee claimed travelling expenses amounting to Rs.4,29,01 1/-. The AO disallowed 50% of the claim because the expenses included the expenses of assessee’ s wife also.

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