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section 40(a)(ia)

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Disallowed Expenses While Calculating Profits & Gains of Business or Profession

Income Tax : Learn about disallowed expenses under PGBP in India's Income Tax Act. Understand key sections like 37, 40, and 40A, and their impa...

October 7, 2024 5991 Views 0 comment Print

Disallowances covered under Income-Tax Act and Reporting in Tax Audit

Income Tax : Learn about disallowances under Income Tax Act sections and their reporting requirements in Form 3CD during tax audits. Key provis...

September 29, 2024 4734 Views 0 comment Print

TDS Obligations: Reimbursement of Expenses vs. Fee for Technical Services

Income Tax : Delhi HC rules reimbursements to NRAEs not subject to TDS as "fees for technical services," clarifying scope of Section 9(1)(vii) ...

September 25, 2024 1170 Views 0 comment Print

Income Tax Deductions allowable to tax payer

Income Tax : Explore allowable tax deductions for AY 2025-26, covering salaries, house property, business, and personal expenses. Maximize your...

September 7, 2024 1833 Views 0 comment Print

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 4869 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 150045 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 885 Views 0 comment Print


Latest Judiciary


Penalty u/s. 271(1)(c) justified since plausible explanation not provided for suppressed net profit

Income Tax : ITAT Raipur held that penalty under section 271(1)(c) of the Income Tax Act justifiable since no plausible explanation provided fo...

March 7, 2025 156 Views 0 comment Print

Reopening u/s. 147 based on communication without independent application of mind is invalid

Income Tax : Delhi High Court held that reopening of an assessment under section 147 of the Income Tax Act merely on the basis of communication...

March 5, 2025 159 Views 0 comment Print

Section 69A not invocable when cash is sourced out of recorded sales: ITAT Chennai

Income Tax : ITAT Chennai held that provisions of section 69A of the Income Tax Act could not be invoked when cash is sourced out of recorded s...

February 27, 2025 216 Views 0 comment Print

Penalty Imposed by CIT(A) Without SCN from AO Held Infructuous by ITAT Mumbai

Income Tax : Claim of the assessee for deduction for education cess was on a bonafide belief that it was allowable expenditure u/s. 37(1) and h...

February 20, 2025 126 Views 0 comment Print

Cash sourced out of recorded sales cannot be added again u/s. 69A: ITAT Chennai

Income Tax : ITAT Chennai held that when the cash is sourced out of recorded sales, the provisions of section 69A of the Income Tax Act could n...

February 14, 2025 177 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 5244 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 13088 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 20015 Views 0 comment Print


Addition in case of bogus purchases restricted to the extent of gross profit involved in business

June 30, 2023 3195 Views 0 comment Print

ITAT Mumbai held that 100% addition in case of bogus purchases unsustainable. Notably, addition to the extent of rate of gross profit in case of bogus purchase is duly sustained.

No Section 40(a)(ia) disallowance if recipient includes income from receipts of assessee in their ITR

June 25, 2023 636 Views 0 comment Print

ITAT Patna rules in favor of Ravi Lochan Singh, establishing that deductions should not be disallowed under Section 40(a)(ia) if the recipient includes income from receipts of the assessee in their income tax return.

Disallowance u/s 40(a)(ia) unsustainable as TDS not deductible on reimbursement of mobilization and demobilization cost

June 24, 2023 579 Views 0 comment Print

ITAT Delhi held that TDS not deductible u/s 195(1) on the reimbursement of mobilization and demobilization cost to the holding company. Accordingly, disallowance u/s 40(a)(ia) unsustainable.

Disallowance u/s 40(a)(ia) justified on account of non-deduction of TDS

June 22, 2023 990 Views 0 comment Print

ITAT Chennai held that disallowance u/s 40(a)(ia) of the Income Tax Act for non-deduction of TDS is justified as TDS is not deducted and assessee has failed to file any evidence that receipts have declared the amount in their return of income.

Deduction u/s 36(1)(va) denied on failure to deposit employee’s contribution before relevant due date

June 21, 2023 852 Views 0 comment Print

ITAT Pune held that the deduction u/s 36(1)(va) in respect of employee’s contribution not entitled on failure to deposit employee’s contribution before due date prescribed under the relevant statutes.

Penalty u/s 271(1)(c) untenable as making of claim doesn’t amount to furnishing of inaccurate particulars

June 21, 2023 1791 Views 0 comment Print

ITAT Mumbai held that penalty u/s 271(1)(c) not leviable as mere making of a claim which is not sustainable in law by itself will not amount to furnishing of inaccurate particulars of income.

Disallowance u/s 40(a)(ia) on account of non-deduction of TDS restricted to 30%

June 20, 2023 2082 Views 0 comment Print

ITAT Ahmedabad held that post amendment to section 40(a)(ia) of the Income Tax Act, as introduced vide Finance (No.2) Act, disallowance on account of non-deduction of TDS is restriction to 30% of the expenditure as against 100%.

Amendment to section 40(a)(ia) vide Finance (No.2) Act, 2014 effective from AY 2015-2016

June 13, 2023 576 Views 0 comment Print

ITAT Mumbai held that amendment to section 40(a)(ia) of the Income Tax Act vide the Finance (No.2) Act, 2014 is effective from 01/04/2015 and shall be applicable from the Assessment Year 2015-2016.

TPO adjustment towards technical know-how fees after accepting entity level margins is unsustainable

June 10, 2023 708 Views 0 comment Print

ITAT Bangalore held that the adjustment made by the TPO towards technical know-how fees despite accepting the entity level margins is liable to be deleted.

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

June 9, 2023 1353 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.

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