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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 1257 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 9024 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 12669 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 11850 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 2589 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 151323 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 1137 Views 0 comment Print


Latest Judiciary


Section 80-IA Deduction Upheld as Market Value Must Be Based on Electricity Board Consumer Rates

Income Tax : The Delhi High Court held that the issues raised by the Revenue were either covered by binding precedents or based on factual find...

July 1, 2026 108 Views 0 comment Print

ITAT Mumbai Restricts Section 14A Disallowance as It Cannot Exceed Exempt Income

Income Tax : The Tribunal restricted the Section 14A disallowance to exempt income and deleted additions relating to bad debts, tea and coffee ...

June 28, 2026 225 Views 0 comment Print

ITAT Deletes Section 40(a)(ia) Disallowance as Payments Stayed Below TDS Threshold

Income Tax : The ITAT Chandigarh held that no TDS was deductible where professional fees paid to each payee were below the statutory threshold....

June 28, 2026 144 Views 0 comment Print

Bangalore ITAT Allows Mine Development Expenditure as Revenue Expense; Deletes Double Addition

Income Tax : Bangalore ITAT held that mine development expenditure incurred by a mining contractor was allowable as a revenue deduction under S...

June 24, 2026 87 Views 0 comment Print

ITAT Allows Gratuity Deduction as Contribution Was Made to Approved Gratuity Fund

Income Tax : The ITAT Delhi held that an adjustment against excess contributions already made to an approved gratuity fund could not be disallo...

June 23, 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 5610 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 15305 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 21641 Views 0 comment Print


TDS Penalty Void if Assessee Added Back Non-Deducted Tax Expense

July 15, 2023 621 Views 0 comment Print

ITAT Delhi, in the ACIT Vs TV Today Network Ltd case, ruled that no penalty for failure to deduct TDS is applicable if the assessee added back the expense on which the tax was not deducted.

Whether Electricity charges comes under the ambit of Section 40A(3)?

July 11, 2023 6762 Views 0 comment Print

Discover the debate surrounding cash payments exceeding Rs. 10,000 to electricity boards in Income Tax. Learn about Rule 6DD, government entities, and relevant case laws to understand the disallowance implications.

TDS not deductible on rent payment made to person who is exempt from payment of tax

July 9, 2023 1368 Views 0 comment Print

ITAT Gauhati held that deduction of tax at source not liable as payment of rent was made to assessee who are not liable to pay tax in terms of exemption u/s 10(26) of the Income Tax Act. Accordingly, assessee cannot be held to be ‘assessee in default’.

TDS under Section 195 shall not be subjected to disallowance under S. 40(a)(i): ITAT

July 8, 2023 3510 Views 0 comment Print

In present facts of the case, the Hon’ble Tribunal remanded the matter to AO to reconsider disallowance made under Section 40(a)(i) pertaining to whether the assessee has made TDS under section 192 with respect the salary paid to the seconded employees in its entirety.

Delay in filing of appeal condoned in absence of any deliberate/ intentional/ gross negligence

July 5, 2023 4008 Views 0 comment Print

ITAT Surat held that the delay in filing appeal before ld CIT(A)/ NFAC is not deliberate or intentional or gross negligence on part of assessee and hence the same is condoned.

Section 40(a)(ia) of Income Tax Not Applicable in Case of Short Deduction of TDS

July 5, 2023 4551 Views 0 comment Print

In a landmark judgment, ITAT Ahmedabad overrules PCIT’s order, upholding that section 40(a)(ia) of the Income Tax Act cannot be invoked in case of short TDS deduction.

Addition of advances received as deemed dividend unsustainable as it is purely business transaction

July 4, 2023 1011 Views 0 comment Print

ITAT Kolkata held that addition of advances received by the company as deemed dividend in terms of provisions of section 2(22)(e) of the Income Tax Act unsustainable as advances are received from the concerns purely as business transaction.

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

June 30, 2023 3822 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 1101 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 921 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.

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