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

Gujarat State Co. Op. Fruit and Vegetable Marketing Federation Ltd., Surat vs. The Dy. Commissioner of Income Tax, Circle-2(3), Surat

In the result, the appeal of the assessee stands allowed

ITA 2502/AHD/2016[2013-14]Status: DisposedITAT Surat08 Oct 2018AY 2013-14

Bench: C .M. Garg & O. P. Meenaआ.अ.सं./I.T.A No.2502/Ahd/2016/Srt िनधा"रण वष"/Assessment Year:2013-14 Gujarat State Co-Op. Fruit & V. Deputy Commissioner Of Vegetable Marketing Federation Income-Tax, Ltd. , 43 Sardar Baug Bardoli Circle – 2(3), Surat 394602 Surat Pan:Aaag0983H अपीलाथ" Appellant ""यथ"/Respondent Shri Shailesh Vaidya, Ca िनधा"रती क" ओर से Assessee By Shri Vinod Kumar, Sr. D.R. राज"व क" ओर से Revenue By 31.10.2018 सुनवाई क" तारीख Date Of Hearing 01.11.2018 उ"ोषणा क" तारीख Date Of Pronouncement आदेश /Order Per O. P. Meena, Am 1. This Appeal At The Instance Of The Assessee Is Directed Against An Order Dated 30.08.2016 Passed By Learned Commissioner Of Income Tax (Appeals)-1,Surat (In Short “The Cit (A)”) For The Assessment Year 2013- 14. 2. Ground No. 1 States That The Ld. Cit (A) Erred In Confirming The Action Of The Ao In Not Granting The Claim Of Deduction Of Rs. 2,45,017 On Account Of Provident Fund. 3. Brief Facts Are That During The Course Of Assessment Proceedings, The Assessee Submitted A Revised Computation Of Total Income Stating The Gujarat State Co-Op. Fruit & Vegetable Marketing Federation Ltd.-2502-Ahd/2016-A.Y. 13-14 V. Dcit2(3) Surat Page 2 Of 11

Section 2Section 2(38)Section 36(1)(iv)Section 38

Ram Pratap Dhanania, Howrah vs. ITO, Ward - 46(4), Kolkata

In the result the appeal of the assessee is allowed

ITA 1380/KOL/2018[2014-15]Status: DisposedITAT Kolkata05 Oct 2018AY 2014-15

Bench: Hon’Ble Shri J. Sudhakar Reddy, Am] Assessment Year : 2014-15 Ram Pratap Dhanania -Versus- I.T.O., Ward-46(4), Howrah Kolkata (Pan: Adnpd 2089 C) (Appellant) (Respondent) For The Appellant: Shri S.S. Gupta, Fca For The Respondent: Shri Saurav Kumar, Addl. Cit Date Of Hearing : 27.09.2018 Date Of Pronouncement: 05.10.2018 Order Per J. Sudhakar Reddy, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of The Commissioner Of Income Tax-(A)-14, Kolkata Dated 21.05.2018 Passed U/S 250 Of The Income Tax Act, 1961 (The ‘Act ‘) Relating To A.Y. 2014-15. 2. The Sole Issue That Arises For My Adjudication Is Whether The Assessing Officer Was Right In Rejecting The Claim Of The Assessee That He Had Earned Long Term Capital Gains On Purchase & Sale Of The Shares Of M/S Kailash Auto Finance Ltd.. The Ao Based On A General Report & Modus Operandi Adopted Generally In These Cases & On General Observations Has Concluded That The Assessee Has Claimed Bogus Long Term Capital Gain. He Made An Addition Of The Entire Sale Proceeds Of The Shares As Income & Rejected The Claim Of Exemption Made U/S 10(38) Of The Act. The Evidence Produced By The Assessee In Support Of The Genuineness Of The Transaction Was Rejected.

For Appellant: Shri S.S. Gupta, FCAFor Respondent: Shri Saurav Kumar, Addl. CIT
Section 10(38)Section 14ASection 250

Shailesh Nagindas Shah, Mumbai vs. ITO 16(1)(3), Mumbai

In the result, appeal of the assessee is allowed as indicated above

ITA 6165/MUM/2016[2010-11]Status: DisposedITAT Mumbai05 Oct 2018AY 2010-11

Bench: Shri Saktijit Dey & Shri Ramit Kocharआयकर अपील सं./I.T.A. No.6165/Mum/2016 (नििाारण वर्ा / Assessment Year : 2010-11) बिाम/ Shri Shailesh Nagindas Ito 16(1)(3), Shah 1St Floor, Matru Mandir, 604B, Chandanbala R.R Tardeo Road, V. Thakkar Marg, Walkeshwar Mumbai-400007 Mumbai 400006 स्थायी लेखा सं./Pan: Aagps5379A (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee By: Shri. Jitendra S. Sanghavi Revenue By : Shri. Manoj Kumar Singh, Dr सुनवाई की तारीख /Date Of Hearing : 20.08.2018 घोषणा की तारीख /Date Of Pronouncement : 05.10.2018 आदेश / O R D E R Per Ramit Kochar: This Appeal, Filed By Assessee, Being Ita No. 6165/Mum/2016, Is Directed Against Appellate Order Dated 01.07.2016 Passed By Learned Commissioner Of Income Tax (Appeals)-30, Mumbai (Hereinafter Called “The Cit(A)”), For Assessment Year 2010-11 Which Appellate Order Was Later Rectified By Learned Cit(A) Vide Order Dated 30-09-2016, The Appellate Proceedings Had Arisen Before Learned Cit(A) From Assessment Order Dated 31.12.2012 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 2010-11. I.T.A. No.6165/Mum/2016

For Appellant: Shri. Jitendra S. SanghaviFor Respondent: Shri. Manoj Kumar Singh, DR
Section 143(3)Section 14A