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section 40(a)(ia)

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Income Tax Practices: Common Mistakes and Solutions

Income Tax : Explore crucial issues in income tax practices, including Section 44AD, TDS obligations, LTCG exemptions, cash deposits, and tax d...

September 18, 2023 4758 Views 0 comment Print

Presumptive Taxation Scheme for Business Section 44AD of Income Tax Act

Income Tax : Discover simplified taxation scheme under Section 44AD of Income Tax Act. Learn eligibility criteria, exemptions, and key insights...

September 18, 2023 26136 Views 12 comments Print

Form 13 and Declaration under section 194C(6) of Income Tax Act

Income Tax : Details of Form 13 & section 194C(6) of Income Tax Act 1961. Learn importance of these for transporters & how to avoid excess TDS ...

August 28, 2023 24903 Views 0 comment Print

Form 26A (non-deduction or short deduction) – Legal provisions, benefits & procedures

Income Tax : Explore Form 26A for TDS relief. Learn about legal provisions, benefits, and procedures for non-deduction or short deduction cases...

August 10, 2023 73521 Views 2 comments Print

Whether Electricity charges comes under the ambit of Section 40A(3)?

Income Tax : Discover the debate surrounding cash payments exceeding Rs. 10,000 to electricity boards in Income Tax. Learn about Rule 6DD, gove...

July 11, 2023 2694 Views 0 comment Print


Latest News


Section 40(a)(ia): Disallowance of expenditure for non-deduction of tax at source on payment made to resident

Income Tax : Section 40(a)(ia) is amended via Finance (No. 2) Act, 2014 to restrict the amount of disallowance for non-deduction of tax to 30% ...

January 21, 2018 148995 Views 3 comments Print

Change in provisions related to disallowance of expenditure on account of non-compliance with TDS provisions : Budget 2010-11

Income Tax : The existing provisions of section 40(a)(ia) of Income-tax Act provide for the disallowance of expenditure like interest, commissi...

February 26, 2010 795 Views 0 comment Print


Latest Judiciary


Payment by Indian Entity to AE Abroad Not ‘FTS’ if No Technical Skill Provided: Bangalore ITAT

Income Tax : Learn how ITAT Bangalore ruled in favor of Herbalife India on technical service payments, clarifying FTS under India-USA DTAA. Det...

July 4, 2024 327 Views 0 comment Print

No Assessment Order could be Passed in name of Non-Existent Entity after an intimation was given to AO

Income Tax : ITAT Mumbai invalidates income tax assessment for a merged entity, emphasizing the legal principle against actions on non-existent...

June 12, 2024 1545 Views 0 comment Print

Section 40(a)(ia) Disallowance Unjustified if AO failed to Establish Section 194C Applicability

Income Tax : Assessing Officer has nowhere determined as to how Section 194C is applicable on payments made by assessee. Unless a charge is bei...

May 25, 2024 3495 Views 0 comment Print

Letters of Comfort will construe as an International Transaction u/s 92B

Income Tax : Issuance Of Letters Of Comfort/Support will Construe As International Transaction U/s 92B considering corporate guarantee issued b...

May 13, 2024 558 Views 0 comment Print

Expenditure u/s 37(1) should be disallowed to the extent not in line with existing business

Income Tax : Expenditure incurred by assessee should be disallowed to the extent that expenditure which had been incurred for evaluation of bus...

May 11, 2024 1269 Views 0 comment Print


Latest Notifications


Disallowance for failure to withhold tax- Sec.195 rw Sec. 40(a)(i)

Income Tax : Circular No. 3/2015 Section 40(a)(i) of the Act stipulates that in computing the income chargeable under the head "Profits or gain...

February 12, 2015 5142 Views 0 comment Print

S. 195 AOs to tax taxable part of sum paid to NR for TDS default

Income Tax : Sub: Deduction of tax at source under Section 195 read with Sections 201 of the Income-tax Act, 1961 relating to payment made to a...

February 26, 2014 12317 Views 0 comment Print

CBDT circular on Section 40(a)(ia)-TDS Disallowance

Income Tax : Circular No. 10/DV/2013-Income Tax It has been brought to the notice of the Board that there are conflicting interpretations by j...

December 16, 2013 19580 Views 0 comment Print


Disallowance u/s 40(a)(ia) unsustainable as TDS already deducted and deposited

June 9, 2023 1233 Views 0 comment Print

ITAT Delhi held that disallowance u/s 40(a)(ia) of the Income Tax Act on account of non-payment of TDS unsustainable as TDS already deducted and deposited by the assessee.

Pigmy commission treatment as salary vis-à-vis TDS u/s 192 needs re-verification

June 9, 2023 3288 Views 0 comment Print

ITAT Bangalore held that the pigmy commission will be treated as a salary and subject to the TDS under section 192 of the Act. Accordingly, matter remanded for verification.

Reopening of proceedings u/s 147 sustainable as original return processed u/s 143(1)

June 7, 2023 864 Views 0 comment Print

ITAT Delhi held that as the original return was only processed u/s 143(1), AO can duly initiate re-opening of proceedings under section 147 of the Income Tax Act so as to bring the escaped income into tax.

Depreciation allowed on payment of non-compete fee for business purpose

June 5, 2023 1902 Views 0 comment Print

ITAT Chennai held that depreciation towards payment as non-compete fee for purpose of business of assessee is duly allowable.

Disallowance u/s. 14A cannot be more than exempt income

May 24, 2023 684 Views 0 comment Print

ITAT Delhi held that disallowance under section 14A of the Income Tax Act cannot exceed the exempt income.

TDS deductible on professional & technical services fees for developing of web enabled software

May 24, 2023 807 Views 0 comment Print

ITAT Chennai held that towards professional and technical services for developing of web enabled software SIBIL for marketing related information, which in our view is payment for technical services and the same is subject to deduction of tax at source.

Disallowance u/s 40(a)(ia) unsustainable as payment to non-resident not taxable in India

May 24, 2023 1737 Views 0 comment Print

ITAT Delhi held that as payments made to the non-resident service providers not chargeable to tax in India, thus disallowance u/s 40(a)(ia) of the Income Tax Act on account of non-deduction of TDS is unsustainable.

Order passed without adequate reasoning is a non-speaking order

May 15, 2023 1578 Views 0 comment Print

ITAT Hyderabad held that order passed without giving reasons for the conclusions arrived at is a non-speaking order and the same is liable to be set aside.

Sales tax subsidy received by assesee from Haryana Govt. is capital receipt

May 11, 2023 534 Views 0 comment Print

Delhi High Court held that sales tax subsidy received by assessee be treated as capital receipt and not be added to income of asseseee.

Invocation of section 263 justified if AO failed to enquire about non-deduction of TDS on CFS charges

May 10, 2023 399 Views 0 comment Print

SDS Cargo Solutions Pvt Ltd Vs ITO (ITAT Chennai) PCIT had given a categorical finding that the AO has not carried out any enquiries on the issue of CFS charges paid to Continental Warehousing Corporation in light of relevant provisions of the Act which render the assessment order to be erroneous and prejudicial to the […]

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