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, Cir-4(2), Kolkata vs. M/S. Manaksia Limited, Kolkata

In the result, appeal of the revenue is dismissed

ITA 980/KOL/2017[2012-13]Status: DisposedITAT Kolkata28 Sept 2018AY 2012-13

Bench: Sri J. Sudhakar Reddy & Smt. Madhumita Roy) Assessment Year: 2012-13 Deputy Commissioner Of Income Tax, Circle-4(2), Kolkata....…..……………...…….………...Appellant M/S. Manaksia Limited….…………........................…………………………………...…….………........Respondent Bikaneer Building 8/1, Lalbazar Street Kolkata – 700 001 [Pan: Aaach 6886 J] Appearances By: Shri Ravi Tulsiyan, Fca, Appeared On Behalf Of The Assessee. Shri Goulen Hangshing, Cit, Sr. D/R. Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : September 11Th, 2018 Date Of Pronouncing The Order : September 28Th , 2018 Order Per J. Sudhakar Reddy, Am :- This Appeal Filed By The Assessee Is Directed Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-22, Kolkata, (Hereinafter The ‘Ld. Cit(A)’), Dt. 28/02/2017, Passed U/S 250 Of The Income Tax Act, 1961 (Hereinafter The ‘Act’), Relating To Assessment Year 2011-12, On The Following Grounds:- “1. Whether On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Has Erred In Deleting Upward Adjustment Of Rs.6,97,64,000/- Towards Arm’S Length Interest On Loan Given To Associated Enterprise. 2. Whether On Facts & In The Circumstances Of The Case, The Ld. Cit(A) In Deleting Fee Of Rs.2,93,66,000/- Towards Providing Corporate Guarantee On Loans Availed By Foreign Associated Enterprise. 3. Whether On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Has Erred In Deleting Disallowance U/S 14A Read With Rule 8D. 4. Whether On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Has Erred In Deleting A Sum Of Rs.9,69,178/- Towards Accrued Interest On Loan. 5. That The Appellant Craves For Leave To Add, Delete, Amend Or Modify Any Ground Before Or At The Time Of Appellate Proceedings.”

Section 14ASection 250Section 92B