Follow Us:

section 40(a)(ia)

Latest Articles


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 1194 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 270 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 315 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


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

June 30, 2023 3699 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 1032 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 882 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 1266 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 993 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 2106 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 2322 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 870 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 1005 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 1554 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.

Search Post by Date
May 2026
M T W T F S S
 123
45678910
11121314151617
18192021222324
25262728293031