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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 7224 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 5133 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 1302 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 1857 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 4896 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 150210 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 906 Views 0 comment Print


Latest Judiciary


No disallowance u/s. 43B when deduction not claimed in P&L account

Income Tax : ITAT Ahmedabad held that no disallowance under Section 43B of the Act can be made when deduction is not claimed in the profit and ...

May 5, 2025 84 Views 0 comment Print

Subscription fees for e-magazine doesn’t partake character of Fee for Technical Service

Income Tax : The present appeal has been preferred by the revenue. The controversy involved in the present appeals pertains to the treatment of...

May 5, 2025 156 Views 0 comment Print

Section 40(a)(ia) Disallowance Unwarranted: Section 194C TDS Not Applicable to EDC Payments

Income Tax : The assessee company, engaged in the business of real estate, having multiple ongoing projects of construction and also selling up...

May 3, 2025 129 Views 0 comment Print

Unpaid VAT liability not claimed as expense in P&L cannot be disallowed u/s. 43B

Income Tax : ITAT Raipur held that disallowance under section 43B of the Income Tax Act towards unpaid VAT liability cannot be sustained since ...

April 25, 2025 243 Views 0 comment Print

PCIT cannot exercise revisionary power u/s. 263 to restore issue for verification purpose: ITAT Ahmedabad

Income Tax : ITAT Ahmedabad held that PCIT cannot exercise revisionary power u/s. 263 to restore an issue for the purpose of verification only ...

April 10, 2025 183 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 5265 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 13340 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 20159 Views 0 comment Print


TDS not deductible on salary, bonus, commission or remuneration credited by firm to partners

January 16, 2023 3333 Views 0 comment Print

ITAT Gauhati held that TDS not required to be deduct by the partnership firm on salary, bonus, commission or remuneration given/ credited to the partner of the firm.

Disallowance u/s 40a(ia) unjustified if payee duly disclosed receipt in its return

December 24, 2022 6813 Views 1 comment Print

ITAT Kolkata held that disallowance under section 40a(ia) of the Income Tax Act for non-deduction of TDS untenable if payee has duly disclosed the receipt of the impugned payment in their return of income.

Disallowance of expense u/s 40(a)(ia) untenable when TDS deducted at lower rates

December 12, 2022 2010 Views 0 comment Print

ITAT Chennai held that if TDS is deducted by applying wrong provisions or at lower rates, the sum paid cannot be disallowed attracting provisions of section 40(a)(ia) of the Income Tax Act.

Section 40(a)(ia) disallowance cannot be made in a mechanical manner

December 2, 2022 1392 Views 0 comment Print

CIT(Appeals) that the CPC has misread the Audit Report because in the Audit Report, it has been specifically mentioned that TDS is being deducted wherever such TDS was required to be deducted on payments made by the assessee. This aspect was not examined, i.e. what is the nature of payment, whether TDS is to be deducted or not? The disallowance cannot be made in a mechanical manner.

Payment to train resources to provide pre & post sale services is FTS

November 24, 2022 372 Views 0 comment Print

Sunsmart Technologies Pvt. Ltd Vs ACIT (ITAT Chennai) As per Explanation-2 to Sec.9(1)(vii) of the Act, FTS means any consideration (including in lump sum consideration) for the rendering of any managerial, technical or consultancy services, but does not include consideration for any construction, assembling, mining or like project undertaken by the recipient or consideration which […]

Section 194A TDS not deductible on Factoring Charges

November 17, 2022 4455 Views 0 comment Print

DCIT Vs 3i Infotech Consultancy Services Limited (ITAT Mumbai) ITAT held that factoring charges incurred by the assessee company is not in the nature of interest and that the assessee was not under the obligation to deduct TDS as per the provisions of section 40(a)(ia) of the I.T. Act. For this, we would like to […]

TDS not deductible on interest on savings bank account and compulsory deposit account

November 11, 2022 6324 Views 0 comment Print

ITAT Delhi held that there is no liability to deduct TDS on interest on savings bank account and interest of compulsory deposit account as per the provisions contained u/s 194A of the Act. Accordingly, disallowance u/s 40(a)(ia) unsustainable.

Disallowance of freight & carriage expense justified for non-submission of TDS payment Proof or CA certificate

November 6, 2022 480 Views 0 comment Print

Paras Nath Singh Vs ACIT (ITAT Patna) Main grievance of the assessee is disallowance u/s 40(a)(ia) amounting to Rs. 25,74,023/- being the expenditure incurred in respect of freight and carriage. On this specific issue from the perusal of assessment order passed by the AO and it was come to our notice that he had categorically […]

TDS deduction under wrong section – No disallowance of expenses – Section 40(a)(ia)

October 21, 2022 13758 Views 1 comment Print

Understanding TDS deduction under Section 40(a)(ia) of the Income Tax Act. Learn about the disallowance of expenses and the consequences of non-compliance.

Section 194C(6) & (7) cannot be read together to attract section 40(a)(ia) disallowance

October 12, 2022 1515 Views 0 comment Print

Shri Gopinathan Vs ITO (ITAT Chennai) It is not the case of the Department that the Assessing Officer has omitted to consider the claim of expenses and thereby passed the rectification order under section 154 of the Act. In this case assessment was reopened under section 147 of the Act and during the course of […]

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