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section 40(a)(ia)

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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 5991 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 4731 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 1170 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 1833 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 4869 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 150045 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 885 Views 0 comment Print


Latest Judiciary


Penalty u/s. 271(1)(c) justified since plausible explanation not provided for suppressed net profit

Income Tax : ITAT Raipur held that penalty under section 271(1)(c) of the Income Tax Act justifiable since no plausible explanation provided fo...

March 7, 2025 156 Views 0 comment Print

Reopening u/s. 147 based on communication without independent application of mind is invalid

Income Tax : Delhi High Court held that reopening of an assessment under section 147 of the Income Tax Act merely on the basis of communication...

March 5, 2025 159 Views 0 comment Print

Section 69A not invocable when cash is sourced out of recorded sales: ITAT Chennai

Income Tax : ITAT Chennai held that provisions of section 69A of the Income Tax Act could not be invoked when cash is sourced out of recorded s...

February 27, 2025 216 Views 0 comment Print

Penalty Imposed by CIT(A) Without SCN from AO Held Infructuous by ITAT Mumbai

Income Tax : Claim of the assessee for deduction for education cess was on a bonafide belief that it was allowable expenditure u/s. 37(1) and h...

February 20, 2025 126 Views 0 comment Print

Cash sourced out of recorded sales cannot be added again u/s. 69A: ITAT Chennai

Income Tax : ITAT Chennai held that when the cash is sourced out of recorded sales, the provisions of section 69A of the Income Tax Act could n...

February 14, 2025 177 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 5244 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 13088 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 20015 Views 0 comment Print


Services by non-resident agent for completion of export commitment doesn’t fall under Fee for Technical Services

October 2, 2023 366 Views 0 comment Print

ITAT Chennai held that the services rendered by non-resident agent for completion of export commitment would not fall under the definition for fee for technical services. Hence, disallowance alleging non-deduction of TDS unjustified.

TP Adjustment relating to receipt of brand royalty from AE deleted as brand not owned by assessee

October 2, 2023 531 Views 0 comment Print

ITAT Mumbai held that the fee paid by the assessee i.e. Tata Consultancy Services towards the brand to Tata and Sons Ltd. is not capital in nature for the reason that the brand is not owned by the assessee. Hence, there cannot be any TP adjustment towards the amount that ought to have been received by the assessee towards brand royalty.

Employee Stock Option Expense Disallowance Unsustainable as it is revenue in nature

September 30, 2023 978 Views 0 comment Print

ITAT Mumbai held that disallowance of employee stock option expenses alleging it to be capital expenditure is unsustainable in law in as much as such expenditure are revenue in nature and hence allowable.

When freight charges were part and parcel of purchase of goods, TDS u/s 194C will not apply

September 28, 2023 9135 Views 1 comment Print

Explore Kalpesh Ganpatlal Patel Vs ITO case involving TDS on freight charges in trading business. Detailed analysis and conclusion of ITAT Ahmedabad’s decision.

TDS in case of ESOP is deductible at time option is exercised and shares are allotted to employees

September 28, 2023 2100 Views 0 comment Print

ITAT Mumbai held that TDS is not deductible at the time of grant of ESOP but is deductible at the time of option is exercised by employees of the assessee and shares are allotted to the employees.

Addition merely based on presumptions and assumptions is unsustainable

September 19, 2023 2952 Views 0 comment Print

ITAT Chennai held that addition based merely on presumptions and assumptions and without allowing cross-examination is unsustainable in law and liable to be set aside.

Income Tax Practices: Common Mistakes and Solutions

September 18, 2023 4869 Views 0 comment Print

Explore crucial issues in income tax practices, including Section 44AD, TDS obligations, LTCG exemptions, cash deposits, and tax deductions under Section 80G in India.

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

September 18, 2023 29748 Views 12 comments Print

Discover simplified taxation scheme under Section 44AD of Income Tax Act. Learn eligibility criteria, exemptions, and key insights into this taxpayer-friendly approach.

Benefit of indexed cost of acquisition available based on payments dates

September 15, 2023 1725 Views 0 comment Print

ITAT Delhi held that held that benefit of indexed cost of acquisition should be available to assessee based on payments made. Accordingly, AO directed to re-compute gain.

Disallowance under Section 40(a)(ia) Unjustified Due to Certificate Non-Compliance with Rule 31ACB

September 11, 2023 2136 Views 0 comment Print

ITAT Jaipur held that disallowance u/s 40(a)(ia) of the Income Tax Act for non-deduction of TDS unjustified merely on the allegation that certificate of accountant furnished is not in accordance with Rule 31ACB as such disallowance will lead to double taxation which is against the spirit of law.

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