Section 14A of the Income Tax Act

Income-tax Act, 2025: s.14

Section 14A of the Income-tax Act, 1961 corresponds to section 14 (Income not forming part of total income and expenditure in relation to such income) of the Income-tax Act, 2025.

Read section 14 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

The decision most relied on for Section 14A is CIT v. Reliance Petroproducts Pvt. Ltd. (322 ITR 158), cited in 2,228 of the 15,875 judgments on BharatTax that turn on this section.

Leading authorities on Section 14A

CIT v. Reliance Petroproducts Pvt. Ltd.
322 ITR 158 · 2010 · Supreme Court
2,228
citing judgments

Penalty under Section 271(1)(c) for furnishing inaccurate particulars or concealment of income is not automatically leviable if the assessee has made a full disclosure of all particulars and the addition or disallowance arises from a difference of opinion.

CIT v. Reliance Utilities & Power Ltd.
313 ITR 340 · 2009 · High Court
2,118
citing judgments

Where an assessee claims that investments were made out of own funds, interest disallowance under Section 14A read with Rule 8D may not apply if the assessee demonstrates the availability of sufficient interest-free funds to cover such investments.

Goetze (India) Ltd. v. CIT
284 ITR 323 · 2006 · Supreme Court
1,842
citing judgments

An assessee cannot raise a new claim or a claim not made in the original or revised return of income for the first time directly before the Assessing Officer during assessment proceedings.

Radhasoami Satsang v. CIT
193 ITR 321 · 1992 · Supreme Court
1,695
citing judgments

The principle of consistency applies in tax matters, meaning a fundamental aspect found to be true in one assessment year should not be changed in a subsequent year if the order was not challenged.

Maxopp Investment Ltd. v. CIT
402 ITR 640 · 2018 · Supreme Court
1,596
citing judgments

Disallowance under Section 14A is not automatic and requires the Assessing Officer to record satisfaction before applying Rule 8D. Only investments yielding exempt income are considered for disallowance, irrespective of their strategic nature.

Cheminvest Ltd. v. CIT
378 ITR 33 · 2015 · High Court
1,569
citing judgments

A disallowance under Section 14A of the Income-tax Act, 1961, for expenditure incurred in relation to exempt income cannot be made if the assessee has not earned any exempt income during the relevant previous year.

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. HDFC Bank Ltd.
366 ITR 505 · 2014 · High Court
1,261
citing judgments

When an assessee possesses interest-free funds sufficient to cover investments yielding tax-free income, it is presumed that such investments were made from these interest-free funds, precluding disallowance of interest expenditure under Section 14A.

Godrej & Boyce Mfg. Co. Ltd. v. DCIT
328 ITR 81 · 2010 · High Court
1,183
citing judgments

Rule 8D, for computing disallowance under Section 14A for expenses related to exempt income, applies from Assessment Year 2008-09 onwards; for prior years, a reasonable disallowance must be made. The disallowance under Section 14A cannot exceed the actual exempt income earned.

CIT v. Woodward Governor India Pvt. Ltd.
312 ITR 254 · 2009 · Supreme Court
968
citing judgments

Foreign exchange fluctuations, whether gains or losses, are inextricably linked to the underlying business transaction and must be accounted for under the mercantile system. The Supreme Court also affirmed the standard accounting principle of valuing stock at cost or net realisable value, whichever is lower.

Judgments on Section 14A

Kirloskar Pneumatic Co.Ltd, Pune vs. Deputy Commissioner of Income-Tax, Circle - 14, Pune

In the result, appeal of the assessee is partly allowed

ITA 983/PUN/2018[2015-16]Status: DisposedITAT Pune12 Sept 2022AY 2015-16

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकरअपीलसं. / Ita No.983/Pun/2018 िनधा"रणवष" / Assessment Year : 2015-16 Kirloskar Pneumatic Co. Ltd., The Dcit, Circle-14, Hadapsar Industrial Estate, Vs Pune. Pune Solapur Road, Hadapsar, Pune – 411013. Pan:Aaack 2479 C Appellant/ Assessee Respondent / Revenue Assessee By Shri C.H.Naniwadeker – Ar Revenue By Shri M.G.Jasnani – Dr Date Of Hearing 13/07/2022 Date Of Pronouncement 12/09/2022 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Appellant Assessee Namely Kirloskar Pneumatic Co. Ltd. Against The Order Of Ld.Commissioner Of Income Tax(Appeals)-7, Pune Dated 09.04.2018 Emanating From The Order Of Deputy Commissioner Of Income Tax, Circle-14, Pune Under Section 143(3) Of The Act, 1961. The Grounds Of Appeal Are As Under: “1. The Learned Cit(A) Erred On Facts & In Law In Upholding Disallowance Of Rs.57,44,010/- U/S 14A R.W.R. 8D Without Appreciating The Facts & Submissions Made In This Behalf. He Also Failed To Appreciate That Before Invoking Rule 8D, The A.O. Has Not Recorded His Satisfaction As Required By Law. 2. The Learned Cit(A) Erred On Facts & In Law In Upholding 50% Ad-Hoc Disallowance Of Gift & Present Of Rs.16,06,635/- U/S

Section 143(3)Section 14ASection 14A(2)

Sunny Rock Estates Developers Pvt. Ltd., Kolkata vs. DCIT, Cir. 1(1), Kolkata

In the result, the appeal of the assessee is allowed

ITA 23/KOL/2022[2013-14]Status: DisposedITAT Kolkata09 Sept 2022AY 2013-14

Bench: Shri Rajpl Yadav & Shri Girish Agrawal(सम" "ी राजपाल यादव उपा"" एवं "ी िगरीश अ"वाल लेखा सद" Assessment Year: 2013-14 Sunny Rock Estates & Deputy Commissioner Of Developers Pvt. Ltd. Income-Tax, Circle-1(1), Vs. 17, Colonel Biswas Road, Kolkata. Kolkata-700019. (Pan: Aadcs6898J) (Appellant) (Respondent) Present For: Appellant By : Shri Soumitra Choudhury, Advocate Respondent By : Shri Biswanath Das, Sr. Dr Date Of Hearing : 02.08.2022 Date Of Pronouncement : 09.09.2022 O R D E R Per Girish Agrawal: This Appeal By The Assessee Is Directed Against The Order Of Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi Vide Order No.Itba/Nfac/S/250/2021-22/1037406250(1) Dated 01.12.2021 For A.Y. 2013-14 Arising Out Of Order Passed U/S. 143(3) Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) By Dcit, Circle-1(2), Kolkata Dated 28.12.2015. 2. In The Present Appeal, Essentially There Are Two Issues Involved – One Relating To Treatment Of Interest Income Of Rs.89,73,695/- As Income From Other Sources As Against Business Income Claimed By The Assessee & Another Relating To Disallowance Of Interest Expenses Of Rs.41,06,890/- Which According To The Ld. Ao Had To Be Capitalized Towards Project Development. For These Two Issues, Assessee Has Taken

For Appellant: Shri Soumitra Choudhury, AdvocateFor Respondent: Shri Biswanath Das, Sr. DR
Section 143Section 143(3)Section 14ASection 56(2)Section 68