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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 4665 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 23679 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 20094 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 57939 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 2031 Views 0 comment Print


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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 148596 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 717 Views 0 comment Print


Latest Judiciary


Transactions in Regular Books Not Incriminating Material; ITAT Deletes Addition

Income Tax : ITAT Delhi states transactions in regular books cannot be deemed incriminating material, dismissing revenue's appeal against CIT(A...

April 10, 2024 405 Views 0 comment Print

Deduction u/s. 80IB(10) admissible only when return is furnished within due date specified u/s 139(1): ITAT Ahmedabad

Income Tax : Learn about the DCIT vs Umang Hiralal Thakkar case at ITAT Ahmedabad regarding filing returns under section 139(1) for claiming de...

March 18, 2024 321 Views 0 comment Print

ITAT Remits Issue to AO: Assessing Loss Without Claim, Reassessment Needed

Income Tax : ITAT Delhi remits WLD Investments Pvt Ltd's case back to AO for fresh assessment on loss and interest disallowance issues, emphasi...

March 10, 2024 216 Views 0 comment Print

Payments for marketing services not taxable as FTS: ITAT Bangalore

Income Tax : Delve into the detailed analysis of DCIT Vs AD2PRO Media Solutions Pvt. Ltd. case where marketing services rendered by a US entity...

March 4, 2024 444 Views 0 comment Print

TDS not deductible On Sum Which Was Not Chargeable To Tax In India: Delhi HC

Income Tax : CIT Vs Mitsubishi Corporation India P. Ltd (Delhi High Court) The Delhi High Court deliberated on an appeal concerning Assessment ...

February 20, 2024 1149 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 5058 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 11975 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 19394 Views 0 comment Print


Section 194A TDS not applicable if amount was below threshold limit

May 20, 2021 2154 Views 0 comment Print

ACIT Vs Singareni Colleries Company Ltd. (ITAT Hyderabad) On careful reading of the Notes submitted by the assessee company it is clear that the assessee is providing interest at certain percentage and credited to the fund account. Further, he observed that it is also a fact that the insurance premium is paid out of interest […]

In absence of any contract or sub-contract work by Joint Venture to its members, Section 194C not applicable

May 17, 2021 2274 Views 0 comment Print

ITO Vs Shraddha & Prasad Joint Venture (ITAT Pune) This appeal preferred by the Revenue emanates from the order of the Ld. CIT(Appeal), Pune-3 dated 29.08.2017 for the assessment year 2014-15 as per the following grounds of appeal on record : “1. On the facts and circumstances of the case, the order of the Ld. […]

Section 40(a)(ia) disallowance for payment made to Non resident shipping companies – Draft submission

April 26, 2021 2862 Views 0 comment Print

Draft submission regarding applicability of section 194C , 195 and disallowance u/s 40(a)(ia) with regard to payment made to Non resident shipping companies Addition of Rs.4,61,811/- u/s 40(a)(ia) of the Income Tax Act for failure to deduct tax at source. This relates to AY 2007-08 The facts are that during the course of assessment proceedings, […]

No section 40(a)(ia) disallowance  on cost sharing reimbursements without TDS deduction

April 24, 2021 4347 Views 0 comment Print

DCIT Vs Pfizer Products (India) Pvt Ltd. (ITAT Mumbai) In terms of the agreement with M/s. Pfizer Ltd., assessee was sharing services of certain employees and other facilities which belonged to M/s. Pfizer Ltd. The reimbursement of such expenses due or paid to M/s. Pfizer Ltd. amounts to Rs.14,51,77,000/- and has been included under the […]

No Section 194C TDS on Hire Charges if not satisfies threshold limit of Rs. 20000

April 22, 2021 5055 Views 0 comment Print

ACIT Vs Late D. Mahendran (ITAT Hyderabad) The AO disallowed hire charges for non-deduction of tax u/s 40(a)(ia) of the I.T.Act, with an observation that the appellant has not brought on record any supporting evidence that he had hired lorries and trucks in the manner the public hire an auto or a taxi on the […]

Surrogacy charges paid to surrogate mothers not liable to TDS u/s 194J & liable to TDS U/s. 194C

April 8, 2021 3378 Views 1 comment Print

We first of all advert to the impugned Section 40(a)(ia) r.w.s.194C and 194J issue of surrogacy payments in case of Shri S.Sesha Sai since the other recipient has never appeared to support the impugned claims till date. The CIT(A)’s identical lower appellate discussion affirming the Assessing Officer’s action disallowing assessee’s summary of payments made to surrogate mothers reads as under:

No tax to be deducted on License Fee paid to Foreign Entities

March 26, 2021 5118 Views 0 comment Print

Assessee was not liable to deduct TDS on license fees paid to Israel entity as it had already furnished certificate from a chartered accountant, return of income and computation of income under section 139 and income of assessee was not taxable in India and assessee had already filed the relevant information u/s 201(1) which showed that assessee could not be regarded as ‘assessee in default’.

TDS not deductible on Reimbursement without any Profit Element

March 24, 2021 2559 Views 0 comment Print

BYK Asia Pacific Pte. Limited Vs ACIT (ITAT Pune) On going through the documents/material as discussed above, it is evident that Seminar expenses, Training expenses, Printing expenses and Staff welfare expenses are amounts paid by the Indian BO to the Singapore HO, which satisfy the twin conditions of `reimbursement’ as discussed supra, viz., one-to-one direct […]

Form 26A – Why, What and How

March 19, 2021 168735 Views 4 comments Print

Discover the significance of Form 26A in Income Tax Act, 1961. Learn why and how this form is crucial for avoiding penalties.

TDS not deductible on Fee to Offshore CA Firm having no PE in India for return filing services

March 19, 2021 2568 Views 0 comment Print

Sundaram Business Services Limited Vs ITO (ITAT Chennai) As regards professional charges paid to M/s. TWB Pty Ltd., a company of Chartered Accounts, although payment made to said company is not covered under Article 14, but said payment is covered under Article 7 of DTAA between India and USA because the business profits of an […]

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