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section 40(a)(ia)

Latest Articles


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 6735 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 4974 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 1251 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 1851 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 4881 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 150135 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 897 Views 0 comment Print


Latest Judiciary


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 156 Views 0 comment Print

Payment of interest and penalty due to default in payment of license fee is revenue expenditure

Income Tax : ITAT Delhi held that interest and penalty due to default in payment of license fee is merely compensatory in nature and hence the ...

April 8, 2025 90 Views 0 comment Print

Income from sale of scrap eligible for deduction u/s. 80IC: ITAT Ahmedabad

Income Tax : ITAT Ahmedabad held that income from sale of scraps generated through production process reducing cost of product is eligible for ...

April 8, 2025 51 Views 0 comment Print

Estimation of 8% profit in contract work for government justifiable: ITAT Pune

Income Tax : ITAT Pune held that estimation of profit at 8% in case of contract work for government department, by taking provisions of section...

April 8, 2025 192 Views 0 comment Print

No TDS on Payments to Maharashtra Govt, Village Entrepreneurs & Expense Provisions

Income Tax : ITAT Mumbai rules Section 40(a)(ia) disallowance unsustainable for payments to Maharashtra Govt and unpaid liabilities, providing ...

April 8, 2025 123 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 5253 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 13172 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 20078 Views 0 comment Print


No addition u/s 69B as seized quantity of jewellery was under the Limit prescribed by Circular No. 1916

March 10, 2025 381 Views 0 comment Print

It was held that considering the provisions of CBDT Circular No. 1916 and the explanation provided by the assessee, the seized gold jewellery up to the specified thresholds for each family member should be treated as explained.

No Section 40a(ia) disallowance for non-deduction of TDS if recipient already paid the taxes

March 10, 2025 10200 Views 0 comment Print

ITAT Kolkata addressed TDS disallowance and procedural compliance in PBN Constructions Pvt. Ltd. Vs DCIT. Analysis includes judicial precedents and key findings.

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

March 7, 2025 186 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 273 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 333 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 153 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 243 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 126 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 459 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 912 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.

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