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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 13175 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 disallowance u/s. 40(a)(ia) as reimbursement of expense considered as receipts and tax paid thereof

February 8, 2025 96 Views 0 comment Print

ITAT Mumbai held that disallowance under section 40(a)(ia) of the Income Tax Act unjustified when reimbursement of expenses is considered as receipts in total income and tax is paid on the same therefore no disallowance in terms of proviso to section 201.

ITAT Kolkata Remands ₹12 Lakh TDS Disallowance Case

February 6, 2025 303 Views 0 comment Print

ITAT Kolkata remands ₹12 lakh TDS disallowance case under Section 40(a)(ia) for reassessment, directing AO to verify interest payments and tax compliance.

No TDS u/s 194H as amount retained by e-commerce platforms were service fees and not commissions

February 3, 2025 366 Views 0 comment Print

Assessee was not liable to deduct TDS under section 194H as relationship between e-commerce platform and  assessee was not of an agency but that of two independent parties on principal to principal basis.

Addition u/s. 40(a)(ia) not sustained as profit is estimated by applying net profit rate

February 1, 2025 540 Views 0 comment Print

ITAT Jodhpur held that if the books of accounts are rejected, and net profit is estimated by application of net profit rate, there cannot be again addition on account of any disallowance based on the same set of books of accounts. Thus, addition u/s. 40(a)(ia) set aside.

Addition towards non-genuine purchases deleted as all necessary documents submitted

January 18, 2025 1032 Views 0 comment Print

ITAT Mumbai held that assessee has submitted all the necessary details in terms of purchase bills, transportation bills, confirmed copy of accounts and payment are made through cheques, hence disallowance of such purchases is not justified.

AO required to pass order within time limit prescribed u/s. 153 pursuant to remand by ITAT

December 24, 2024 999 Views 0 comment Print

The petitioner is a company registered under the Companies Act, 1956 and is a subsidiary of Huawei Technologies Coopertief U.A (Netherlands). The return of the petitioner was picked up for scrutiny.

Ex-parte order set aside as non-production of documents before lower authorities duly explained

December 21, 2024 702 Views 0 comment Print

ITAT Ahmedabad held that assessee satisfactorily explained non-production of documents before lower authorities. Accordingly, ex-parte order passed is set aside and matter is remanded back to AO for fresh consideration.

No addition as there was lack of proper persuasion before Lower Authorities, directed for re examination

December 19, 2024 195 Views 0 comment Print

It was felt that the minute details of matching of accounts, working out the exact quantum of turnover from the bank accounts and matching of vouchers with expenses claimed could not be done by this Bench of ITAT.

Addition u/s. 28(iv) towards import of assets free of cost not justified since no benefit derived

December 16, 2024 390 Views 0 comment Print

The assessee is a wholly owned subsidiary of Samsung Electronics Company Ltd. The assessee filed the return of income for AY 2015-16 on 30.11.2015 declaring a total income of Rs. 238,85,10,090/-.

Once liquidation order has been passed no suit or legal proceedings can be instituted: ITAT Nagpur

November 26, 2024 423 Views 0 comment Print

ITAT Nagpur held that when a liquidation order has been passed, no suit or other legal proceedings shall be instituted by or against the corporate debtor. Thus, IBC Code will override anything inconsistent contained in any other enactment, including Income Tax Act.

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