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

Gulshan Haresh Bakhtiani, Mumbai vs. Asst CIT 21(2), Mumbai

In the result, the appeal filed by the assessee is hereby ordered to be allowed

ITA 102/MUM/2017[2011-12]Status: DisposedITAT Mumbai19 Jun 2018AY 2011-12

Bench: Shri B. R. Baskaran, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.102/Mum/2017 (निर्धारण वर्ा / Assessment Year: 2011-12) Acit,21(2), Mumbai 5Th Shri Gulshan Haresh बिधम/ Bakhtiani C/O Shri Suresh N. Floor, Pratyakshkar Bhawan, Vs. Otwani, Advocate 305, 3Rd Bandra Kurla Complex, Floor, Adami Building, 413, Bandra (E), Mumbai- Katha Bazar, Mumbai- 400051. 400009. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Acupb4663J (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri Suman Kumar ( Dr) Assessee By: Shri Suresh M. Otwani सुनवाई की तारीख / Date Of Hearing: 19.06.2018 घोषणा की तारीख /Date Of Pronouncement: 19.06.2018 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 21.10.2016 Passed By The Commissioner Of Income Tax (Appeals)-38 Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The Ay. 2011- 12. 2. The Assessee Has Raised The Following Grounds: - 1. The Appellant Therefore Prays That The Disallowance U/S 14A May Be Restricted To Rs.81,789/- Or Any Other Relief, As May Be Granted As May Be Deemed Fit & Just Under The Facts & Circumstances Of The Case.”

For Appellant: Shri Suresh M. OtwaniFor Respondent: Shri Suman Kumar ( DR)
Section 143(1)Section 143(2)Section 14A

Samarniya Properties P.Ltd, Navi Mumbai vs. Asst CIT Cen Cir 8(4), Mumbai

In the result, appeal filed by assessee is allowed for statistical purpose

ITA 17/MUM/2017[2012-13]Status: DisposedITAT Mumbai18 Jun 2018AY 2012-13

Bench: Shri G.S. Pannu & Shri Pawan Singhm/S Smarniya Properties Pvt. Ltd. Acit, Cc- 8(4), D-73/1, Ttc Industrial Area, Mumbai. Midc Road, Turbhe, Vs. Navi Mumbai-400705. Pan: Aahcs9922K Appellant Respondent Appellant By : Shri J.P. Bairagra (Ar) Respondent By : Shri Arju Goradia (Dr) Date Of Hearing : 18.06.2018 Date Of Pronouncement : 18.06.2018 Order Under Section 254(1) Of Income –Tax Act Per Pawan Singh; 1. The Instant Appeal By Assessee Under Section 253 Of The Income-Tax Act (The Act) Is Directed Against The Order Of Ld. Commissioner Of Income-Tax (Appeals)-50 [Ld. Cit(A)], Mumbai Dated 26.10.2016 For Assessment Year 2012-13. The Assessee Has Raised Sole Ground Of Appeal That The Ld. Cit(A) Erred In Confirming The Action Of Assessing Officer In Making Addition Of Disallowance Under Section 14A Of The Income-Tax Act, 1961 To The Book Profit Computed Under Section 115Jb Of The Act. 2. At The Outset Of The Hearing, The Ld. Authorized Representative (Ar) Of The Assessee Submits That The Sole Ground Of Appeal Raised By The Assessee In The Appeal Is Covered In Favour Of Assessee By The Decision Of Special Bench Of The Tribunal In Acit Versus Vireet Investment (P) Ltd [2017] 82 Taxmann.Com 415 (Delhi-Tribunal)(Sb). On Going Through The Grounds Of Appeal & The Learned Dr Of The Revenue & The Contents Of The Decision In Vireet Investment (P) Ltd (Supra), The Learned The Dr For The Revenue Conceded That The Ground Raised By Assessee Is Covered In Favour Of Ita No. 17/M/17- M/S Smarniya Properties Pvt. Ltd.

For Appellant: Shri J.P. Bairagra (AR)For Respondent: Shri Arju Goradia (DR)
Section 115Section 115JSection 14ASection 253Section 254(1)