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section 40(a)(ia)

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Karnataka HC Allows Section 263, Distinguishes Plausible View Doctrine

Income Tax : Karnataka High Court allows PCIT's appeal, upholding a Section 263 revision for non-disallowance of commission payments without TD...

July 21, 2025 1191 Views 2 comments Print

Consequences of Non-Compliance to TDS (Section 201)

Income Tax : Understand the penalties, interest, and disallowance of expenditure under Section 201 for failure to comply with TDS provisions in...

July 5, 2025 8271 Views 0 comment Print

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 11802 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 11388 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 2424 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 151173 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 1080 Views 0 comment Print


Latest Judiciary


Notional Interest Addition Deleted Because Only Real Income Can Be Taxed: ITAT Delhi

Income Tax : ITAT Delhi confirmed deletion of addition on alleged diversion of interest-bearing funds, holding that hypothetical or notional in...

May 10, 2026 267 Views 0 comment Print

No TDS on Foreign Agent Commission for Services Rendered Abroad; ITAT Deletes Section 40(a)(i) Disallowance

Income Tax : The Tribunal held that commission paid to foreign agents for services rendered outside India is not taxable in India. Consequently...

April 29, 2026 267 Views 0 comment Print

No Adhoc Disallowance of Commission on Assumptions Without Specific Defects: ITAT Delhi

Income Tax : The issue was whether commission payments were genuine business expenses. The Tribunal held that disallowance based on non-respons...

April 29, 2026 312 Views 0 comment Print

Charitable Trust as Pass-Through Entity: ITAT Deletes Interest Disallowance Rejects 8% Profit Estimation

Income Tax : The Tribunal held that interest expenses cannot be disallowed when the trust merely facilitates transactions and costs are reimbur...

April 27, 2026 126 Views 0 comment Print

Consistency Over Technicalities – ITAT Allows Actuarial Pension Provision & Rejects Mechanical Disallowances

Income Tax : Consistency over technicalities: ITAT Mumbai allowed actuarial pension provision as an ascertained liability, rejected mechanical ...

April 24, 2026 312 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 5517 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 15029 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 21473 Views 0 comment Print


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

March 7, 2025 471 Views 0 comment Print

ITAT Raipur held that penalty under section 271(1)(c) of the Income Tax Act justifiable since no plausible explanation provided for amount of understated/ suppressed net profit. Accordingly, appeal dismissed and penalty upheld.

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

March 5, 2025 849 Views 0 comment Print

Delhi High Court held that reopening of an assessment under section 147 of the Income Tax Act merely on the basis of communication from ACIT, without independent application of mind, is invalid and liable to be set aside.

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

February 27, 2025 1143 Views 0 comment Print

ITAT Chennai held that provisions of section 69A of the Income Tax Act could not be invoked when cash is sourced out of recorded sales. Accordingly, appeal allowed and addition u/s. 69A is liable to be deleted.

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

February 20, 2025 591 Views 0 comment Print

Claim of the assessee for deduction for education cess was on a bonafide belief that it was allowable expenditure u/s. 37(1) and hence, the same was not a case for initiation of penalty proceedings u/s. 270A.

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

February 14, 2025 852 Views 0 comment Print

ITAT Chennai held that when the cash is sourced out of recorded sales, the provisions of section 69A of the Income Tax Act could not be invoked since sales have already been offered to tax and taxing same again u/s. 69A would amount to double taxation.

ITAT Raipur deletes Related-Party Loan Addition (Genuineness Proven)

February 13, 2025 657 Views 0 comment Print

ITAT Raipur held that addition under section 68 towards unsecured loan from related party cannot be sustained since identity, creditworthiness of lender and genuineness of transaction proved. Hence, appeal of revenue dismissed.

Reopening u/s. 148 after four years without failure to disclose material facts unsustainable

February 10, 2025 999 Views 0 comment Print

ITAT Bangalore held that reopening of assessment under section 148 after expiry of four years without failure on part of assessee to disclose fully and truly all material facts is invalid and hence liable to be quashed.

Discounting charges not interest for TDS & cannot be disallowed under Section 40(a)(i)

February 8, 2025 3435 Views 0 comment Print

Delhi High Court upheld ITAT’s decision in CIT vs. Cargill Global Trading, ruling that discount charges are not interest and not subject to TDS under Section 195.

No disallowance u/s. 40(a)(ia) as reimbursement of expense considered as receipts and tax paid thereof

February 8, 2025 702 Views 0 comment Print

ITAT Mumbai held that disallowance under section 40(a)(ia) of the Income Tax Act unjustified when reimbursement of expenses is considered as receipts in total income and tax is paid on the same therefore no disallowance in terms of proviso to section 201.

ITAT Kolkata Remands ₹12 Lakh TDS Disallowance Case

February 6, 2025 498 Views 0 comment Print

ITAT Kolkata remands ₹12 lakh TDS disallowance case under Section 40(a)(ia) for reassessment, directing AO to verify interest payments and tax compliance.

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