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

ACIT, Central Circle-1(1), Kolkata vs. M/S Adhunik Alloys & Power Ltd., Kolkata

In the result, the appeal filed by the Revenue ( Ground No

ITA 207/KOL/2017[2013-14]Status: DisposedITAT Kolkata16 Mar 2018AY 2013-14

Bench: Shri Aby T. Varkeyand Dr.A.L. Sainiassessment Year :2013-14 Acit, Central Circle- V/S. M/S Adhunik Alloys & 1(1), Aaykar Bhawan, Power Ltd., Poorva, 110, 14, N.S. Road, 2Nd Floor, Shantipally, 3Rd Floor, Kolkata-700 001 Kolkata-700 107 [Pan No.Aaeca 5290 R] अपीलाथ" /Appellant ""यथ"/Respondent .. अपीलाथ"क" ओर से/By Appellant Shri Arindam Bhattacherjee, Addl. Cit-Dr ""यथ" क" ओर से/By Respondent Mrs. Shikha Agarwal, Aca सुनवाई क" तार"ख/Date Of Hearing 05-03-2018 घोषणा क" तार"ख/Date Of Pronouncement 16-03-2018 आदेश/O R D E R Per Dr. A.L. Saini, Accountantmember:- This Caption Appeal Filed By The Revenue, Pertaining To Assessment Year2013-14, Is Directed Against The Order Passed By Ld. Commissioner Of Income Tax (Appeals)-20, Kolkata,In Appeal No.1042/Cit(A)/20/Cc-1(1)/15- 16, Dated 10.11.2016, Which In Turn Arises Out Of An Order Passed By Assessing Officer U/S 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Dated 31.07.2015. 2.The Revenue Has Raised Following Grounds Of Appeal:- “1) Ld. Cit(A) Erred In Facts As Well As In Law By Deleting The Disallowance Of Rs.26,31,856/- Made For Delay In Deposit Of Employee’S Contribution Towards Provident Fund & Esi & Allowing Relief Under

Section 115JSection 139(1)Section 143(3)Section 14ASection 2(24)(x)Section 36(1)(va)Section 43B

ITO, Ward-3(4), Hyd, Hyderabad vs. Suryajyoti Infotech Ltd, Sec'Bad, Secunderabad

In the result, the ground of appeal

ITA 1278/HYD/2015[2011-12]Status: DisposedITAT Hyderabad15 Mar 2018AY 2011-12

Bench: Smt P. Madhavi Devi & Shri S. Rifaur Rahmanassessment Year: 2011-12 Suryajyoti Infotech Limited, Vs. Income Tax Officer, Ward Secunderabad. – 3(2), Hyderabad. Pan – Aaecs6875J (Appellant) (Respondent) Assessment Year: 2011-12 Income Tax Officer, Ward – Vs. Suryajyothi Infotech 3(4), Hyderabad. Limited, Secunderabad. Pan – Aaecs6875J (Respondent) (Appellant) Assessee By : Shri V. Siva Kumar Smt N. Swapna Revenue By : Date Of Hearing : 05-03-2018 Date Of Pronouncement : 16-03-2018 Order Per P. Madhavi Devi, J.M.: Both Are Cross Appeals For The A.Y 2011-12, Filed By The Assessee As Well As The Revenue Against The Order Of The Cit(A)-3, Hyderabad Dated 05.08.2015. 2. Brief Facts Of The Case Are That, The Assessee Company, Engaged In The Business Of Development & Maintenance Of Computer Software, Filed Its Return Of Income For The A.Y Suryajyothi Infotech Ltd., Secunderabad. 2011-12 On 29.09.2011, Admitting A Total Income Of Rs. 1,01,412/- After Claiming An Exemption Of Rs. 77,99,926/- U/S 10A Of The It Act. During The Course Of Assessment Proceedings U/S 143(3) Of The It Act, The Assessee Was Required To File Certain Details. After Verifying The Books Of Accounts & The Information Filed By The Assessee, The A.O Proposed To Make:

For Appellant: Shri V. Siva KumarFor Respondent: Date of hearing
Section 10ASection 143(3)Section 14ASection 195Section 36(1)(iii)Section 40

Suryajyoti Infotech Ltd., Sec'Bad, Secunderabad vs. ITO, Ward-3(2), Hyderabad

In the result, the ground of appeal

ITA 1241/HYD/2015[2011-12]Status: DisposedITAT Hyderabad15 Mar 2018AY 2011-12

Bench: Smt P. Madhavi Devi & Shri S. Rifaur Rahmanassessment Year: 2011-12 Suryajyoti Infotech Limited, Vs. Income Tax Officer, Ward Secunderabad. – 3(2), Hyderabad. Pan – Aaecs6875J (Appellant) (Respondent) Assessment Year: 2011-12 Income Tax Officer, Ward – Vs. Suryajyothi Infotech 3(4), Hyderabad. Limited, Secunderabad. Pan – Aaecs6875J (Respondent) (Appellant) Assessee By : Shri V. Siva Kumar Smt N. Swapna Revenue By : Date Of Hearing : 05-03-2018 Date Of Pronouncement : 16-03-2018 Order Per P. Madhavi Devi, J.M.: Both Are Cross Appeals For The A.Y 2011-12, Filed By The Assessee As Well As The Revenue Against The Order Of The Cit(A)-3, Hyderabad Dated 05.08.2015. 2. Brief Facts Of The Case Are That, The Assessee Company, Engaged In The Business Of Development & Maintenance Of Computer Software, Filed Its Return Of Income For The A.Y Suryajyothi Infotech Ltd., Secunderabad. 2011-12 On 29.09.2011, Admitting A Total Income Of Rs. 1,01,412/- After Claiming An Exemption Of Rs. 77,99,926/- U/S 10A Of The It Act. During The Course Of Assessment Proceedings U/S 143(3) Of The It Act, The Assessee Was Required To File Certain Details. After Verifying The Books Of Accounts & The Information Filed By The Assessee, The A.O Proposed To Make:

For Appellant: Shri V. Siva KumarFor Respondent: Date of hearing
Section 10ASection 143(3)Section 14ASection 195Section 36(1)(iii)Section 40

Gangotri Sales Pvt. Ltd., Kolkata vs. ITO, Ward - 6(4), Kolkata

In the result, appeal of the assessee is allowed

ITA 2348/KOL/2017[2011-12]Status: DisposedITAT Kolkata14 Mar 2018AY 2011-12

Bench: Sri J. Sudhakar Reddy] I.T.A. No. 2348/Kol/2017 Assessment Year: 2011-12 Gangotri Sales Pvt. Ltd……………………….…..………………………………………….…….……...Appellant 5/1, Clive Row 2Nd Floor Room No. 54 Kolkata – 700 001 [Pan : Aaccg 4677 J] Income Tax Officer Ward-6(4), Kolkata…………………...……..……………………..……Respondent Aayakar Bhawan Kolkata – 700 069 Appearances By: Shri Ankit Jalan, A/R, Appeared On Behalf Of The Assessee. Shri Robin Choudhury, Addl. Cit, Dr Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : February 8Th, 2018 Date Of Pronouncing The Order : March 14Th, 2018 O R D E R Per J. Sudhakar Reddy :- This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)-2, Kolkata, (Hereinafter The ‘Ld. Cit (A)’), Passed U/S 250 Of The Income Tax Act, 1961 (The ‘Act’), Dt. 25/09/2017. 2. The Only Issue That Has To Be Adjudicated Is Whether The Disallowance U/S 14A, Can Be Made When The Assessee Has No Dividend Income. 3. Heard Rival Contentions. We Find That The Hon’Ble Delhi High Court In The Case Of Cheminvest Pvt. Ltd. Vs Cit (2009) 317 Itr 86, While Dealing With An Identical Issue Held As Follows:- “No Disallowance U/S 14A Can Be Made In A Year In Which No Exempt Income Has Been Earned Or Received By The Assessee. S. 14A Also Does Not Apply To Shares Bought For Strategic Purposes” 4. Respectfully Following The Same, We Delete The Addition Made By The Assessing Officer & Confirmed By The Ld. Cit(A) U/S 14A Of The Act & Allow This Appeal Of The Assessee. 5. In The Result, Appeal Of The Assessee Is Allowed. Kolkata, The 14Th Day Of March, 2018 [J. Sudhakar Reddy]Dated :14.03.2018 {Sc Sps}

Section 14ASection 250