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, Circle - 3(1), Kolkata vs. M/S. Atibir Hi-Tech Pvt. Ltd., Kolkata

In the result, the appeal of the revenue as well as cross- objection of the assessee are dismissed

ITA 1747/KOL/2017[2013-14]Status: DisposedITAT Kolkata29 Mar 2019AY 2013-14

Bench: Shri P.M. Jagtap, Vice-(Kz) & Shri A.T. Varkey, Jm] Assessment Year: 2013-14 D.C.I.T, Circle – 3(1) Kolkata...........................................................................................Appellant P-7, Chowringhee Squar, 4Th Floor, Aayakar Bhawan, Room No. 19, Kolkata – 700 069. M/S. Atibir Hi-Tech Pvt. Ltd. …………………………………………………….......................Respondent Block-7B, 7Th Floor, Abdul Hamid Street, Kolkata – 700 069. [Pan : Aabca 4466 C] C.O. No. 118/Kol/2017 (Arising Out Of Ita No. 1747/Kol/2017) Assessment Year: 2013-14 M/S. Atibir Hi-Tech Pvt. Ltd. ……………………………………………………..................Cross-Objector Block-7B, 7Th Floor, Abdul Hamid Street, Kolkata – 700 069. [Pan : Aabca 4466 C] D.C.I.T, Circle – 3(1) Kolkata.......................................................................................Respondent P-7, Chowringhee Squar, 4Th Floor, Aayakar Bhawan, Room No. 19, Kolkata – 700 069. Appearances By: Shri Radhey Shyam, Cit, Dr Appearing On Behalf Of The Revenue Shri D.S. Damle, Fca Appearing On Behalf Of The Assessee Date Of Concluding The Hearing : January 16, 2019 Date Of Pronouncing The Order : March 29, 2019 Order Per P.M. Jagtap, Vice-(Kz) This Appeal Is Preferred By The Revenue Against The Order Of Ld. Cit (A) – 11, Kolkata Dated 04.042017 & The Same Is Being Disposed Of Along With The Cross-Objection Filed By The Assessee Being C.O. No. 118/Kol/2017. 2 Ita No. 1747/Kol/2017 & C.O. No. 118/Kol/2017 Assessment Year 2013-14 M/S. Atibir Hi-Tech Pvt. Ltd.

Section 41(1)

Tata Projects Ltd, Mumbai vs. DCIT Circle - 2(3)(1), Mumbai

In the result , appeal of the assessee in ITA no

ITA 329/MUM/2018[2013-14]Status: DisposedITAT Mumbai29 Mar 2019AY 2013-14

Bench: Shri Sandeep Gosain & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.329/Mum/2018 (नििाारण वर्ा / Assessment Year : 2013-14 बिाम/ Tata Projects Limited, Dcit Circle-2(3)(1) 2Nd,3Rd & 4Th Floor, Aayakar Bhawan Transocean House, M K Road V. Lake Boulevard Road, Mumbai-400020 Hiranandani Gardens Mhada Colony Powai, Mumbai-400076 स्थायी ऱेखा सं./ Pan: Aaact4119L (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee By: Shri. R.R. Vora & Shri. Vipual Soni Revenue By: Shri. D.G. Pansari (Dr) सुनवाई की तारीख /Date Of Hearing : 26.03.2019 घोषणा की तारीख /Date Of Pronouncement : 29.03.2019 आदेश / O R D E R Per Ramit Kochar: This Appeal, Filed By Assessee, Being Ita No. 329/Mum/2018, Is Directed Against Appellate Order Dated 27.10.2017 In Appeal No. Cit(A)-6/It-52/2016-17, Passed By Learned Commissioner Of Income Tax (Appeals)-6, Mumbai (Hereinafter Called “The Cit(A)”), For Assessment Year 2013-14, The Appellate Proceedings Had Arisen Before Learned Cit(A) From The Assessment Order Dated 24.02.2016 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 2013-14. I.T.A. No.329/Mum/2018

For Appellant: Shri. R.R. Vora &For Respondent: Shri. D.G. Pansari (DR)
Section 143(3)Section 14ASection 253(3)

Tml Drivelines Ltd, Mumbai vs. Asst CIT 2(1)(2), Mumbai

In the result, appeal of the assessee in ITA no

ITA 1729/MUM/2017[2006-07]Status: DisposedITAT Mumbai29 Mar 2019AY 2006-07

Bench: Shri Mahavir Singh & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.1729/Mum/2017 (नििाारण वर्ा / Assessment Year : 2006-07) बिाम/ Tata Motors Ltd., Acit 2(1)(2), (Successor To Tml Aayakar Bhawan Drivelines Limited) Mumbai 400020 V. Bombay House, 24, Homi Mody Street, Hutatma Chowk, Mumbai-400001 स्थायी ऱेखा सं./ Pan: Aaach7625P (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee By: Shri Hari Iyer Revenue By: Shri. D.G Pansari (Dr) सुनवाई की तारीख /Date Of Hearing : 28.01.2019 घोषणा की तारीख /Date Of Pronouncement : 29.03.2019 आदेश / O R D E R Per Ramit Kochar: This Appeal, Filed By Assessee, Being Ita No. 1729/Mum/2017, Is Directed Against Appellate Order Dated 07.12.2016 In Appeal No. Cit(A)-3/It-46/Acit-2(1)(1)/16-17, Passed By Learned Commissioner Of Income Tax (Appeals)-3, Mumbai (Hereinafter Called “The Cit(A)”), For Assessment Year(Ay) 2006-07, The Appellate Proceedings Had Arisen Before Learned Cit(A) From The Assessment Order Dated 31.01.2015 Passed By Learned Assessing Officer (Hereinafter Called “The Ao”) U/S 143(3) Read With Section 254 Of The Income-Tax Act, 1961 (Hereinafter Called “The Act”) For Ay 2006-07. I.T.A. No.1729/Mum/2017

For Appellant: Shri Hari IyerFor Respondent: Shri. D.G Pansari (DR)
Section 143(3)Section 14ASection 234CSection 234DSection 250Section 254