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

Td Toll Road Private Limited, Mumbai vs. Deputy Commissioner of Income Tax 15(3)(1), Mumbai

ITA 1646/MUM/2018[2014-15]Status: DisposedITAT Mumbai21 Jun 2019AY 2014-15

Bench: Shri Sandeep Gosain & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.1646/Mum/2018 (नििाारण वर्ा / Assessment Year: 2014-15) बिाम/ Td Toll Road Private Ltd., Dcit-15(3)(1) 361, 3Rd Floor, North Wing, Room No. 451, Reliance Centre, Aayakar Bhavan, V. Santacruz (E), M.K Road, Mumbai-400055 Mumbai-400020 स्थायी ऱेखा सं./ Pan: Aacct6395C (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee By: Shri. Jitendra Sanghavi Revenue By: Shri. D.G. Pansari (Dr) सुनवाई की तारीख /Date Of Hearing : 25.03.2019 घोषणा की तारीख /Date Of Pronouncement : 21.06.2019 आदेश / O R D E R Per Ramit Kochar: This Appeal, Filed By Assessee, Being Ita No. 1646/Mum/2018, Is Directed Against Appellate Order Dated 31.01.2018, Passed By Learned Commissioner Of Income Tax (Appeals)-24, Mumbai (Hereinafter Called “The Cit(A)”) In Appeal No. Cit(A)-24/Dcit-15(3)(1)/It-244/2016-17, For Assessment Year 2014-15, The Appellate Proceedings Had Arisen Before Learned Cit(A) From The Assessment Order Dated 30.12.2016 Passed By Learned Assessing Officer (Hereinafter Called “The Ao”) U/S 143(3) Of The Income-Tax Act, 1961 (Hereinafter Called “The Act”) For Ay 2014-15. 2. The Grounds Of Appeal Raised By Assessee In Memo Of Appeal Filed With The Income-Tax Appellate Tribunal, Mumbai (Hereinafter Called “The Tribunal”) Read As Under:-

For Appellant: Shri. Jitendra SanghaviFor Respondent: Shri. D.G. Pansari (DR)
Section 115JSection 143(3)Section 14A

M/S. Bhagirathi Metal Industries Pvt. Ltd., Bhubaneswar vs. DCIT, Circle-1(1), Bhubaneswar

In the result, appeal of the assessee is allowed

ITA 76/CTK/2019[2015-16]Status: DisposedITAT Cuttack14 Jun 2019AY 2015-16

Bench: Shri Before Shri Chandra Mohan Garg, Judicialassessment Year: 2015-16 16 M/S. Bhagirathi Bhagirathi Me Metal Vs. Dcit, Dcit, Circle Circle 1(1), Industries Pvt Ltd.,S-1/116 Bhubaneswar. Bhubaneswar. & & 101, 101, Idco Idco New New I/E, I/E, Rasulgarh, Bhubaneswar. Rasulgarh, Bhubaneswar.. Pan/Gir No No.Aabcb 1788 L (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri Bibek Mohanty, Ar Bibek Mohanty, Ar Revenue By : Shri Subhendu Dutt Dutt, Dr Date Of Hearing : 14/0 06/ 2019 Date Of Pronouncement : / /07/ 2019 O R D E R This Is An Appeal Filed By The Assessee Against The Order Of This Is An Appeal Filed By The Assessee Against The Order Of This Is An Appeal Filed By The Assessee Against The Order Of The Commissioner Of Income Tax(Appeals) The Commissioner Of Income Tax(Appeals)-1 1 Dated 30.1.2019 For The Assessment Year 201 For The Assessment Year 2015-16. 2. The Sole Issue Involved In This Appeal Is That The The Sole Issue Involved In This Appeal Is That The The Sole Issue Involved In This Appeal Is That The Commissioner Of Income Tax(Appeals), Was Not Commissioner Of Income Tax(Appeals), Was Not Commissioner Of Income Tax(Appeals), Was Not Justified In Confirming The Addition Of Rs.3 Confirming The Addition Of Rs.34,815/- Under Section 14A Of The Under Section 14A Of The Act.

For Appellant: Shri Bibek Mohanty, ARFor Respondent: Shri Subhendu Dutt
Section 14A