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

DCIT Corporate Circle 1(1), Chennai vs. A.V.Thomas Leather and Allied Products Pvt. Ltd., Chennai

In the result, the appeal filed by the Revenue is allowed for statistical purposes

ITA 2309/CHNY/2018[2014-15]Status: DisposedITAT Chennai05 Dec 2019AY 2014-15

Bench: Shri Ramit Kochar & Shri Duvvuru Rl Reddyआयकर अपील सं./I.T.A. No. 2309/Chny/2018 िनधा"रण वष"/Assessment Year: 2014-15 The Deputy Commissioner Of M/S. A.V. Thomas Leather & Allied Income Tax, Vs. Products Pvt. Ltd., No. 22, Marshalls Corporate Circle 1(1), Road, Egmore, Chennai 600 008. Chennai 600 034. [Pan:Aaaca6246K] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Guru Bashyam, Addl. Cit ""थ" की ओर से/Respondent By : Shri Sanjeev Aditya, C.A. सुनवाई की तारीख/ Date Of Hearing : 28.11.2019 घोषणा की तारीख /Date Of Pronouncement : 05.12.2019 आदेश /O R D E R Per Duvvuru Rl Reddy: This Appeal Filed By The Revenue Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 1, Chennai, Dated 21.05.2018 Relevant To The Assessment Year 2014-15. The Effective Ground Raised In The Appeal Of The Revenue Is That The Ld. Cit(A) Has Erred In Deleting The Disallowance Under Section 14A R.W. Rule 8D While Computing Book Profit Under Section 115Jb Of The Income Tax Act, 1961 [“Act” In Short].

For Appellant: Shri Guru Bashyam, Addl. CITFor Respondent: Shri Sanjeev Aditya, C.A
Section 115JSection 143(3)Section 14ASection 154Section 37Section 40

Amazon Textiles Pvt. Ltd., Ahmedabad vs. ITO, Ward-1(1)(4), Ahmedabad

In the result, the appeal of the assessee is allowed

ITA 1179/AHD/2018[2013-14]Status: DisposedITAT Ahmedabad04 Dec 2019AY 2013-14

Bench: Shri Rajpal Yadav & Shri Amarjit Singhआयकर अपील सं./ Ita No. 1179/Ahd/2018 "नधा"रण वष"/Assessment Year: 2013-14 Amazon Textiles Pvt. Ltd., Vs. The Income-Tax Officer, 105, Sakar-1, Nr. Nehru Ward 1(1)(4), Bridge, Ashram Road, Ahmedabad Ahmedabad-380006 Pan : Aabcb 6914 E अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Biren Shah, Ar Revenue By : Shri Mudit Nagpal, Sr Dr सुनवाई क" तार"ख/Date Of Hearing : 24/09/2019 घोषणा क" तार"ख /Date Of Pronouncement: 04/12/2019 आदेश/O R D E R Per Rajpal Yadav: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of Learned Principal Commissioner Of Income-Tax-1, Ahmedabad [In Short “The Cit”] Dated 23.03.2018 Passed Under Section 263 Of The Income-Tax Act, 1961 For Assessment Year 2013-14. 2. The Solitary Grievance Of The Assessee Is That The Learned Cit Has Erred In Taking Cognizance Under Section 263 Of The Act & Thereby Setting Aside The Assessment Order Dated 21.03.2016. 3. The Brief Facts Of The Case Are That The Assessee Has Filed Its Return Of Income On 26.09.2013 Declaring Total Income Of Rs. Nil After Claiming Set Off Of Carried Forward Business Loss Of Rs.1,75,02,151/- & Unabsorbed Depreciation Of Rs.6,61,97,912/-. On Scrutiny Of The Accounts, It Revealed To Amazon Textiles Pvt Ltd Vs. Ito For Ay: 2013-14 2

For Appellant: Shri Biren Shah, ARFor Respondent: Shri Mudit Nagpal, Sr DR
Section 14ASection 263

DCIT Corporate Circle 3(1), Chennai vs. Tamilnadu Power Finance & Infrastructure Development Corpn Ltd., Chennai

In the result, the appeal of the Revenue is dismissed

ITA 2282/CHNY/2019[2013-14]Status: DisposedITAT Chennai04 Dec 2019AY 2013-14

Bench: Shri George Mathan & Shri S. Jayaramanआयकर अपील सं./Ita No.2282/Chny/2019 धनिाजरण वर्ज /Assessment Year: 2013-14 The Deputy Commissioner Of Income M/S. Tamil Nadu Power Finance Tax & Infra Development Corporate Circle-3(1), Vs. Corporation Limited, New Block, Room No.411,4Th Floor, Tudifco – Powerfin Tower, 121, Mahatma Gandhi Road, No.490/3-4, Anna Salai, Nungambakkam, Chennai – 600 034. Nandanam, Chennai – 600 035. [Pan: Aaact 2840A] (अपीलार्थी/Appellant) (प्रत्यथी/Respondent) Ms. R. Anita, Jcit अपीलाथी की ओर से/ Appellant By : प्रत्यथी की ओर से /Respondent By : Mr. R. Vijayaraghavan, Advocate सुनवाई की तारीख/Date Of Hearing : 04.12.2019 घोर्णा की तारीख /Date Of Pronouncement : 04.12.2019 आदेश / O R D E R Per George Mathan: This Is An Appeal Filed By The Revenue Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-11, Chennai In Ita No.367/2016- 17/Cit(A)-11 Dated 30.05.2019 For The Assessment Year 2013-14 Against The Reduction Of The Disallowance U/S.14A From Rs.7.39 Crores As Made By The Assessing Officer To Rs.39,70,832/- By The Learned Cit(A). :- 2 -:

For Respondent: Mr. R. Vijayaraghavan, Advocate
Section 14A