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section 40(a)(ia)

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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 4773 Views 0 comment Print

Presumptive Taxation Scheme for Business Section 44AD of Income Tax Act

Income Tax : Discover simplified taxation scheme under Section 44AD of Income Tax Act. Learn eligibility criteria, exemptions, and key insights...

September 18, 2023 27600 Views 12 comments Print

Form 13 and Declaration under section 194C(6) of Income Tax Act

Income Tax : Details of Form 13 & section 194C(6) of Income Tax Act 1961. Learn importance of these for transporters & how to avoid excess TDS ...

August 28, 2023 26094 Views 0 comment Print

Form 26A (non-deduction or short deduction) – Legal provisions, benefits & procedures

Income Tax : Explore Form 26A for TDS relief. Learn about legal provisions, benefits, and procedures for non-deduction or short deduction cases...

August 10, 2023 78210 Views 3 comments Print

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

Income Tax : Discover the debate surrounding cash payments exceeding Rs. 10,000 to electricity boards in Income Tax. Learn about Rule 6DD, gove...

July 11, 2023 3108 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 149145 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 810 Views 0 comment Print


Latest Judiciary


Addition merely based on retracted statement without any incriminating material unsustainable: ITAT Ahmedabad

Income Tax : ITAT Ahmedabad held that addition merely on the basis of retracted statement without any incriminating material seized from assess...

August 12, 2024 282 Views 0 comment Print

TDS on unfinished work deductible post receipt of 100% revenue of project: ITAT Delhi

Income Tax : The assessee had filed return of income of Rs.92,06,590 which was selected for complete scrutiny and during the course of assessme...

August 12, 2024 261 Views 0 comment Print

Delay in filing appeal not condoned as sufficient cause not shown: ITAT Pune

Income Tax : ITAT Pune held that delay of 2086 days in filing of an appeal against CIT(A) not condonable as sufficient cause or sufficient reas...

August 12, 2024 138 Views 0 comment Print

Employees’ contribution to EPF/ESI after prescribed due date disallowed u/s 36(1)(va): Kerala HC

Income Tax : Kerala High Court held that when employees' contribution to EPF/ESI not made within due date prescribed for making payments is lia...

July 24, 2024 261 Views 0 comment Print

Written off of obsolete inventory permissible as in accordance with accounting standards: ITAT Delhi

Income Tax : ITAT Delhi held that written off of obsolete inventory allowable as prepared in accordance with accounting standards and duly got ...

July 24, 2024 351 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 5172 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 12425 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 19643 Views 0 comment Print


TDS not deductible on Reimbursement of conversion expenses without profit element

February 21, 2018 2136 Views 0 comment Print

Assessee filed return of income declaring total income of 3,90,370/- on 3.10.2007. The assessment was completed u/s 143(3) of the Income Tax Act, 1961 (hereinafter called as the Act) on 31.12.2009 determining the total income at 6,90,370/-. Subsequently, the case was reopened u/s 147 of the Act by issue of notice u/s 148 of the Act for not considering the disallowance u/s 40a(ia) of IT Act.

Disallowance justified for non deduction of TDS on Provision for Audit Fees

February 8, 2018 12393 Views 0 comment Print

Since assessee had made provision for audit fees to account of payee, provisions of section 194J were clearly attracted and non-deduction of tax at source would automatically invite disallowance under section 40(a)(ia).

Amount paid to RMCs for Foreign Currency Purchase cannot be treated as Commission liable to TDS

February 8, 2018 6270 Views 0 comment Print

DCIT Vs. M/s. Cox & Kings (I) Ltd. (ITAT Mumbai) Assessee has a foreign exchange division approved by the RBI and is authorized to buy foreign exchange and travelers cheques from RMCs and others and sell them to persons in need of them. RMCs are also authorized by RBI to buy foreign currency from non […]

Section 40(a)(ia): Disallowance of expenditure for non-deduction of tax at source on payment made to resident

January 21, 2018 149145 Views 3 comments Print

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% of expenditure. The proviso is also amended to the effect that 30% of such sum shall be allowed as a deduction in computing the income of the previous year in which tax has been paid.

TDS U/s. 194C applies on amount paid under Oral Agreement

January 10, 2018 14388 Views 0 comment Print

The Kolkata bench of ITAT recently held that TDS provisions under the Income Tax Act, 1961 are applicable to payments made under an oral agreement.

No disallowance U/s. 40(a)(ia) where net profit was estimated

January 8, 2018 2796 Views 0 comment Print

Once the income of the assessee was estimated after rejection of books of account, then, the AO could not make disallowance on the same books of account for the purpose of disallowance by invoking provisions of section 40(a)(ia) or general disallowance under section 37(1). Hence, the disallowance made by the AO was deleted.

TDS not deductible on estimation /provision of expenses which was not paid

December 26, 2017 2682 Views 0 comment Print

Explore ITAT Mumbai’s order on Apax Partners India vs. DCIT regarding transfer pricing, legal fees, and travel expenses. Key insights on taxation under section 40(a)(ia)

No Section 14A Disallowance if investments are business expediency & strategic investments

December 22, 2017 3282 Views 0 comment Print

No disallowance U/s 14A of Act need to be made by invoking the provisions of Rule 8D (2) (ii) of Rules as investments admittedly are business expediency investments and strategic investments.

Discount on sales cannot be regarded as Commission liable to TDS U/s. 194H

December 18, 2017 7632 Views 0 comment Print

Out of these four appeals two appeals are filed by the assessee while the other two appeals are filed by the Revenue for against the orders of the Commissioner (Appeals)–4, Mumbai dated 13-2-2017 and 6-2-2017 for assessment years 2011-12 and 2012-13 respectively.

Reopening of assessment beyond a period of 4 years to make fishing inquiries not justified

December 13, 2017 4179 Views 0 comment Print

The primary condition of reasonable belief having nexus with the material on record is still operative. However, we are of the view, that mere fresh application of mind to the same set of facts or mere change of opinion does not confer jurisdiction to the assessing officer even under the post-1989 section 147 of the Act.

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