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

M/S. Shardaraj Tradefin Ltd., Kolkata vs. ITO, Ward - 1(3), Kolkata

Appeal is partly allowed

ITA 236/KOL/2018[2011-12]Status: DisposedITAT Kolkata31 Jan 2019AY 2011-12

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2011-12 M/S Shardaraj Tradefin V/S. Income Tax Officer, Ltd., 1, Crooked Lane, 1St Ward-1(3), Aayakar Floor, Room No.109, Bhawan,A P-7, Kolkata-69 Chowringhee Square, [Pan No.Aaecs 8217 J] Kolkatas-69 .. अपीलाथ" /Appellant ""यथ"/Respondent None अपीलाथ" क" ओर से/By Appellant Shri Saurabh Kumara, Addl. Cit-Dr ""यथ" क" ओर से/By Respondent 17-01-2019 सुनवाई क" तार"ख/Date Of Hearing 31-01-2019 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per S.S.Godara:- This Assessee’S Appeal For Assessment Year 2011-12 Arises Against The Commissioner Of Income Tax (Appeals)-19 Kolkata’S Order Dated 29.11.2017 Passed In Case No.154/Cit(A)-19/Kol/2015-16, Involving Proceedings U/S 143(3) Of The Income Tax Act, 1961; In Short ‘The Act’. Case Called Twice. None Appears At Assessee Behest. The Registry Has Already Sent An Rpad Notice Dated 13.12.2018 For Today’S Hearing. It Is Accordingly Proceeded Ex Parte. We Take Up The Instant Appeal On Merits. 2. The Assessee’S Former Substantive Ground Seeks To Revive Both The Lower Authorities Action Disallowing Its Loss Of ₹,1,30,10,266/- Claimed On Trading Loss In F&O’S Transactions To Be Lacking Genuineness. It Transpires During The Course Of Hearing That Relevant Contract Notes Coming From M/S

Section 143(3)Section 14A

Dipti Mehta, Kolkata vs. ITO, Ward - 43(2), Kolkata

Appeal is allowed

ITA 2031/KOL/2018[2009-10]Status: DisposedITAT Kolkata30 Jan 2019AY 2009-10

Bench: Shri S.S, Godaraassessment Year:2009-10 Dipti Mehta Income Tax Officer बनाम / 161/1 M.G. Road, Ground Ward-45(2), 3, Govt. V/S. Floor, Kokata-700007 Place,Kolkata-101 [Pan No.Aespm 0353 A] .. अपीलाथ" /Appellant ""यथ" /Respondent Shri Anikesh Banerjee, Advocate अपीलाथ" क" ओर से/By Appellant Shri Smt. Madhumalti Ghosh Addl. Cit-Sr-Dr ""यथ" क" ओर से/By Respondent 23-01-2019 सुनवाई क" तार"ख/Date Of Hearing 30-01-2019 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R This Assessee’S Appeal For Assessment Year 2009-10, Arises Against The Commissioner Of Income-Tax (Appeals)-13, Kolkata’S Order Dated 02.07.2018 Passed In Case No. 22/Cit(A)-13/W-45(2)/Kol/2015-16 Involving Proceedings U/S. 147 Of The Income Tax Act, 1961; In Short ‘The Act’. Heard Both The Parties. Case File Perused. 2. I Come To Former Issue Of Validity Of Re-Opening In Question. This Assessee Had Filed Her Return For The Impugned Assessment Year On 28.07.2009 Declaring Taxable Income Of ₹3,99,390/-. The Same Stood Summarily Processed. The Assessing Officer Thereafter Formed Reasons To Believe As Per The Investigation Wing’S Report That The Assessee Had Taken A Loss Entry From M/S Mahasagar Group. This Alleged Loss Entry Involved An Amount Of ₹2,71,500/-. The Assessing Officer Issued Sec. 148 Notice Dated 03.02.2014. The Assessee In Turn Requested To Treat Her Original Return As The One Filed In Furtherance To Sec. 148 Proceedings. The Assessing Officer Thereafter Completed Re- Assessment On 28.02.2015 Disallowing The Sum In Question Of ₹28,891/- U/S 14A R.W.S. Rule 8D(2) In The Nature Of Direct & Administrative Expenditure To The Tune Of

Section 147Section 148Section 14A