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section 40(a)(ia)

Latest Articles


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


Sect. 36(1)(iii)- Interest-free loans & allowability of Interest on borrowings

December 8, 2017 6021 Views 0 comment Print

Where assessee paid interest on term loan which had entirely been used for purpose of purchasing the assets for purpose of business which were hypothecated to bank and it had sufficient interest-free funds to take care of advances, the deduction under section 36(1)(iii) was allowable.

Mitusubishi TDS Case: Delhi HC Refers matter to Chief Justice due to difference of opinion

December 6, 2017 2622 Views 0 comment Print

CIT Vs. Mitsubishi Corporation India P. Ltd. (Delhi High Court) Due to difference of opinion on below issues  between Justices S Muralidhar and Prathiba M Singh, Delhi High Court, has referred the Mitusubishi’s TDS case to Chief Justice for appropriate orders:- (i) Whether the ITAT fell into error in holding that Section 40(a) (i) of […]

TDS not deductible on Interest paid to a company carrying on Insurance business

December 1, 2017 3879 Views 0 comment Print

The Income Tax Appellate Tribunal recently proclaimed that the provisions relating to TDS would not be applicable in case of interest paid to a Non-Banking Finance Companies (NBFC) which is also engaged in business of insurance.

Allahabad High Court also rules that sec 40(a)(ia) is applicable on “Payable”

November 28, 2017 2688 Views 0 comment Print

Allahabad HC in case of Ashok Auto Sales Ltd v/s CIT held that Vector shipping is not correct preposition of law as held by Honb’le SC in case of M/s Palam Gas Service vs. CIT.

TDS U/s. 194H not applies on discounts on principal to principal basis

November 17, 2017 2193 Views 1 comment Print

ITO Vs Tarun Sales (ITAT Delhi) Since no dealer or sub-dealer was appointed either by BSNL or by the assessee, for the purpose of marketing the products and/or service of the Bharat Sanchar Nigam Ltd., the entire sales were to customers, either directly or through shopkeepers, who rendered services to the customers.

TDS on IUC charges paid to foreign / non-resident telecom operators and discount to prepaid distributors

November 13, 2017 4362 Views 0 comment Print

Addition on account of discount extended to prepaid distributors Third proviso to section 194H will get attracted only when the nature of payment is “commission or brokerage”. Parties before us agree that majorly the distribution of products by BSNL and MTNL takes place through Public Call Office franchisees since this was an infrastructure existing with […]

Addition for non TDS deduction not justified if form 15G been obtained

November 10, 2017 1167 Views 0 comment Print

Though the amount was credited to her account in the books of accounts of the assessee, the payment was not made to her and before making the payment and filing the return of income, the assessee had obtained the form 15G and forwarded to the Ld. CIT. Since the recipient was not having taxable income, obtaining form 15G before making the payment would be sufficient compliance and hence, we hold that the addition u/s 40(a)(ia) of the Act does not attract.

TDS not deductible on Reimbursement of expenses billed separately

October 25, 2017 64668 Views 0 comment Print

In this case the appellant is receiving the material on Freight Prepaid basis (C&F). The foreign shipping companies were charging only the incidental charges like Port charges, Container payment, Stationery charges, License fees, Stamp charges, Bank charges, De-stuffing charges etc.

No disallowance u/s 40(a)(ia) for TDS deduction under Wrong Provision under a bonafide belief

October 24, 2017 2967 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 CIT(A) – 4, Mumbai dated 13.02.2017 and 06.02.2017 for assessment years 2011-12 and 2012-13 respectively.

TDS U/s. 194C is not applicable to transactions of purchase of goods

October 18, 2017 33732 Views 0 comment Print

TDS requirement under section 194C is not applicable to transactions of purchase of goods, therefore, no disallowance under section 40(a)(ia) could be made.

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