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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 309 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


Pigmy commission treatment as salary vis-à-vis TDS u/s 192 needs re-verification

June 9, 2023 6153 Views 0 comment Print

ITAT Bangalore held that the pigmy commission will be treated as a salary and subject to the TDS under section 192 of the Act. Accordingly, matter remanded for verification.

Reopening of proceedings u/s 147 sustainable as original return processed u/s 143(1)

June 7, 2023 1089 Views 0 comment Print

ITAT Delhi held that as the original return was only processed u/s 143(1), AO can duly initiate re-opening of proceedings under section 147 of the Income Tax Act so as to bring the escaped income into tax.

Depreciation allowed on payment of non-compete fee for business purpose

June 5, 2023 2487 Views 0 comment Print

ITAT Chennai held that depreciation towards payment as non-compete fee for purpose of business of assessee is duly allowable.

Disallowance u/s. 14A cannot be more than exempt income

May 24, 2023 894 Views 0 comment Print

ITAT Delhi held that disallowance under section 14A of the Income Tax Act cannot exceed the exempt income.

TDS deductible on professional & technical services fees for developing of web enabled software

May 24, 2023 1065 Views 0 comment Print

ITAT Chennai held that towards professional and technical services for developing of web enabled software SIBIL for marketing related information, which in our view is payment for technical services and the same is subject to deduction of tax at source.

Disallowance u/s 40(a)(ia) unsustainable as payment to non-resident not taxable in India

May 24, 2023 2163 Views 0 comment Print

ITAT Delhi held that as payments made to the non-resident service providers not chargeable to tax in India, thus disallowance u/s 40(a)(ia) of the Income Tax Act on account of non-deduction of TDS is unsustainable.

Order passed without adequate reasoning is a non-speaking order

May 15, 2023 2355 Views 0 comment Print

ITAT Hyderabad held that order passed without giving reasons for the conclusions arrived at is a non-speaking order and the same is liable to be set aside.

Sales tax subsidy received by assesee from Haryana Govt. is capital receipt

May 11, 2023 789 Views 0 comment Print

Delhi High Court held that sales tax subsidy received by assessee be treated as capital receipt and not be added to income of asseseee.

Invocation of section 263 justified if AO failed to enquire about non-deduction of TDS on CFS charges

May 10, 2023 546 Views 0 comment Print

SDS Cargo Solutions Pvt Ltd Vs ITO (ITAT Chennai) PCIT had given a categorical finding that the AO has not carried out any enquiries on the issue of CFS charges paid to Continental Warehousing Corporation in light of relevant provisions of the Act which render the assessment order to be erroneous and prejudicial to the […]

Proceedings u/s 263 unsustainable as enquiry already carried out by AO

May 3, 2023 1182 Views 0 comment Print

ITAT Mumbai held that initiation of revisional proceedings u/s 263 of the Income Tax Act unsustainable as AO has carried out enquiry on the issues, however, has failed to discuss the same in the Assessment Order.

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