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

Ashok Giri, Chennai vs. ACIT Corporate Circle 3(2), Chennai

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

ITA 2060/CHNY/2017[2009-10]Status: DisposedITAT Chennai05 Dec 2017AY 2009-10

Bench: Shri A. Mohan Alankamony & Shri Duvvuru Rl Reddyआयकर अपील सं./I T.A. No. 2060/Mds/2017 "नधा"रण वष"/Assessment Year:2009-10 Shri Ashok Giri, The Assistant Commissioner Of No. 13, 32Nd Cross Street, Vs. Income Tax, Besant Nagar, Chennai 600 090. Corporate Circle 3(2), [Pan: Aacpa4186F] Chennai 34. (Appellant) (Respondent) अपीलाथ" क" ओर से / Appellant By : Shri B. Ramakrishnan, F.C.A. ""यथ" क" ओर से/Respondent By : Shri N. Madhavan, Addl. Cit सुनवाई क" तार"ख/ Date Of Hearing : 31.10.2017 घोषणा क" तार"ख /Date Of Pronouncement : 05.12.2017 आदेश /O R D E R Per Duvvuru Rl Reddy: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 11, Chennai, Dated 29.06.2017 Relevant To The Assessment Year 2009-10. The Assessee Has Raised The Following Grounds: 1. For That The Order Of The Ld. Cit(A) Is Contrary To Law, Facts & Circumstances Of The Case. 2. For That The Ld. Cit(A) Erred In Confirming The Assessing Officer Order U/S 154 Of The Act On Debatable Issues.

For Appellant: Shri B. Ramakrishnan, F.C.AFor Respondent: Shri N. Madhavan, Addl. CIT
Section 143(1)Section 143(2)Section 143(3)Section 14ASection 154Section 234A

DCIT, Cir-1, Kolkata vs. M/S the Hooghly Mills Co. Ltd., Kolkata

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

ITA 667/KOL/2014[2008-2009]Status: DisposedITAT Kolkata04 Dec 2017AY 2008-2009

Bench: Shri A. T Varkey, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.667/Kol/2014 (िनधा"रणवष" / Assessment Year: 2008-09 D.C.I.T, Circle-1 Kolkata Vs. M/S The Hooghly Mills Co. Ltd. 10, Clive Row, Kolkata – 1. "थायीलेखासं./जीआइआरसं./Pan/Gir No. : Aaact 9780 F (Revenue/Department) .. (Assessee) Assessee By : Shri S. Jhajharia, Ca Revenue/Department By : Shri Kalyan Nath, Acit सुनवाईकीतारीख/ Date Of Hearing : 07/09/2017 घोषणाकीतारीख/Date Of Pronouncement : 04/12/2017 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am: The Captioned Appeal Filed By The Revenue, Pertaining To Assessment Year 2008-09, Is Directed Against An Order Passed By The Ld. Commissioner Of Income Tax(Appeals) In Appeal No.259/Cc-Vii/Cit(A)C-I/10-11, Dated 31.01.2014, Which In Turn Arises Out Of An Order Passed By The Assessing Officer U/S 143(3) Of The Income Tax Act, 1961(Hereinafter Referred To As The ‘Act’), Dated 27.12.2010. 2.The Revenue Has Raised The Following Grounds Of Appeal: “1.That, On The Facts & In The Circumstances Of The Case, The Cit(A) Has Erred In Deleting The Addition Of Rs.2,30,00,000/- Made By The Assessing Officer U/S 2(22)(E). 2.That, On The Facts & In The Circumstances Of The Case, The Cit(A) Has Erred In Deleting The Addition Made By The Assessing Officer U/S 36(I)(Va) Read With Section 2(24)(X) In Respect Of Employee’S Contribution To Pf/Esi For An Amount Of Rs.1,32,86,580/-. 3.That, On The Facts & In The Circumstances Of The Case, The Cit(A) Has Erred In Deleting The Addition Of Rs.1,30,70,800/- Made On Account Of Gratuity Liability. 4.That, On The Facts & In The Circumstances Of The Case, The Cit(A) Is Not Justified In Deleting The Addition Of Rs.12,23,842/- Made By The Assessing Officer U/S 14A Of The Income Tax Act Read With Rule 8D Of The Income Tax Rules, 1962. 5. The Appellant Craves Leave To Amend, Modify & Later Any Grounds Of Appeal During The Course Of Hearing Of This Case.”

For Appellant: Shri S. Jhajharia, CAFor Respondent: Shri Kalyan Nath, ACIT
Section 143(3)Section 14ASection 2(22)(e)Section 2(24)(x)Section 36