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“disallowance under section 40(a)(ia)”

DisallowancesSection 40(a)(ia)Section 40(a)(ia)406 judgments

The decision most relied on for disallowance under section 40(a)(ia) is S.A. Builders Ltd. v. CIT (288 ITR 1), cited in 1,484 judgments on BharatTax.

Leading authorities on disallowance under section 40(a)(ia)

S.A. Builders Ltd. v. CIT
288 ITR 1 · 2007 · Supreme Court
1,484
citing judgments

Interest paid on borrowed funds cannot be disallowed merely because the assessee made interest-free advances, provided those advances were made for business purposes and commercial expediency. The Revenue cannot dictate a businessman's commercial decisions, but the assessee bears the onus to prove the business expediency.

CIT v. Reliance Industries Ltd.
410 ITR 466 · 2019 · Supreme Court
501
citing judgments

When mixed funds are available, interest-free advances are presumed to be made from the assessee's own interest-free funds, preventing disallowance of interest expenditure under section 36(1)(iii). This principle also applies to section 14A disallowance, where interest expenditure is not disallowed if surplus funds are available and no direct nexus is established with borrowed funds for investments earning exempt income.

CIT v. Dalmia Cement (Bharat) Ltd.
254 ITR 377 · 2002 · High Court
417
citing judgments

When there is a nexus between an expenditure and the purpose of business, incurred on grounds of commercial expediency, the Revenue cannot question its reasonableness or assume the role of the businessman to compel profit maximization. This principle applies even if the business is not that of the assessee itself.

HDFC Bank Ltd. v. DCIT
383 ITR 529 · 2016 · High Court
408
citing judgments

Where an assessee has sufficient interest-free funds, investments yielding exempt income are presumed to be made out of such funds, precluding disallowance of related interest expenditure under section 14A.

CIT v. Winsome Textile Industries Ltd.
319 ITR 204 · 2009 · High Court
378
citing judgments

Section 14A of the Income-tax Act, 1961, which disallows expenditure incurred in relation to exempt income, is not applicable if the assessee has not earned any exempt income in the relevant assessment year.

CIT v. Ansal Land Mark Township (P) Ltd.
377 ITR 635 · 2015 · High Court
369
citing judgments

The second proviso to Section 40(a)(ia), introduced by the Finance Act, 2012, is curative and applies retrospectively from April 1, 2005. Consequently, if the recipient of a payment has filed their return and paid taxes on the amount from which tax was not deducted at source, the payer's expenditure cannot be disallowed under Section 40(a)(ia).

Taparia Tools Ltd. v. JCIT
372 ITR 605 · 2015 · Supreme Court
343
citing judgments

An expenditure does not automatically become capital in nature merely because it results in some enduring benefit for the assessee; it can be treated as revenue expenditure if incurred for genuine business purposes.

CIT v. Taikisha Engineering India Ltd.
370 ITR 338 · 2015 · High Court
252
citing judgments

The disallowance under Section 14A of the Income-tax Act, read with Rule 8D, cannot exceed the actual exempt income earned by the assessee in the relevant previous year. If no exempt income is earned, no disallowance under Section 14A can be made.

Judgments citing disallowance under section 40(a)(ia)

Backbone Tarmet Ng Jv, Ahmedabad vs. The Income-Tax Officer, Ward-5(2)(2), Ahmedabad

The appeal of the assessee is allowed in above terms

ITA 315/AHD/2022[2005-06]Status: DisposedITAT Ahmedabad05 Apr 2024AY 2005-06

Bench: Mrs. Annapurna Gupta & Shri T.R. Senthil Kumarassessment Year : 2005-06 Vs. Backbone Tarmet Ng Jv, The Income-Tax Officer, A-9, Kumud Apartment, Ward-5(2)(2), Near Stadium Five Roads, Ahmedabad Navrangpura, Ahmedabad-380009 Pan : Aaaab 3885 F अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Sakar Sharma, Ca Revenue By : Shri Vipul Chavda, Sr. Dr सुनवाई की तारीख/Date Of Hearing : 28/03/2024 घोषणा की तारीख /Date Of Pronouncement: 05/04/2024 आदेश/O R D E R Per Annapurna Guptapresent Appeal Has Been Filed By The Assessee Against Order Of The Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As "Cit(A)" For Short] Dated 20.06.2022 Passed Under Section 250 Of The Income-Tax Act, 1961 [Hereinafter Referred To As "The Act" For Short], For The Assessment Year (Ay) 2005-06. 2. Grounds Raised Are As Under :- “1. The Ld. Cit(A)-Nfac Erred On Facts & In Law In Deciding Appeal Ex- Parte Without Appreciating That Business Of The Appellant Has Been Closed Since Covid-19 & Therefore, In Absence Of Any Office, Notice(S) Claimed To Be Have Been Served Through Email Could Not Be Communicated To The Partners Of The Appellant. Without Prejudice To This It Is Submitted That No Notice(S) Came To Be Served On The Appellant At The Designated Email Stated In Form No. 35 For The Purpose Of Service Of Notice(S). Backbone Tarmet Ng Jv Vs. Ito Ay : 2005-06 2

For Appellant: Shri Sakar Sharma, CAFor Respondent: Shri Vipul Chavda, Sr. DR
Section 139(1)Section 143(3)Section 154Section 234BSection 234DSection 250Section 250(6)Section 40

relevant year but before due date of filing return, was entitled to seek rectification of order passed by A.O. making disallowance under section 40(a)(ia) - Held, yes [Para 7] [In favour of assessee]” 8. The ld. DR, on the other hand, relied on the order

M/S. Rsd Natural Resources Pvt. Ltd., 2015-16 vs. DCIT, Cir-9(2), Kolkata

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 794/KOL/2023[2015-16]Status: DisposedITAT Kolkata02 Apr 2024AY 2015-16

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumari.T.A. No. 794/Kol/2023 Assessment Year: 2015-2016 M/S. Rsd Natural Resources Private Ltd.,.….Appellant C/O. M/S. Salarpuria Jajodia & Co., 7, C.R. Avenue, 3Rd Floor, Kolkata-700072 [Pan:Aagcr3203B] -Vs.- Deputy Commissioner Of Income Tax,…….Respondent Circle-9(2), Kolkata, Aayakar Bhawan, Room No. 5/25, P-7, Chowringhee Square, Kolkata-700069 Appearances By: Shri S. Jhajharia, Fca, Appeared On Behalf Of The Assessee Shri B.K. Singh, Jcit, Sr. D.R., Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: March 20, 2024 Date Of Pronouncing The Order: April 2Nd, 2024 O R D E R

Section 143(2)Section 143(3)Section 194CSection 40

charges to various entities and on such charges, it has not deducted TDS under section 194C of the Income Tax Act, therefore, disallowance under section 40(a)(ia) is required to be made. 4. In Ground No. 4, the assessee has challenged the jurisdiction of ld. CIT(Appeals) for passing ... respective accounts of the payee by the assessee. Thereafter without considering any details, he immediately jumped to the conclusion that disallowance under section 40(a)(ia) is required to be made because the assessee did not deduct TDS as per Section 194C on these payments. The ld. Assessing Officer