Section 40(a)(ia) of the Income Tax Act

Income-tax Act, 2025: s.35

Section 40(a)(ia) falls under section 40 of the Income-tax Act, 1961, which corresponds to section 35 (Amounts not deductible in certain circumstances) of the Income-tax Act, 2025.

Read section 35 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 40(a)(ia) is S.A. Builders Ltd. v. CIT (288 ITR 1), cited in 1,484 of the 7,300 judgments on BharatTax that turn on this section.

Leading authorities on Section 40(a)(ia)

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. Alom Extrusions Ltd.
319 ITR 306 · 2009 · Supreme Court
1,344
citing judgments

A proviso inserted into a section to remedy unintended consequences, make the section workable, or supply an obvious omission must be read retrospectively in operation to give effect to the section as a whole.

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.

Bharat Earth Movers v. CIT
245 ITR 428 · 2000 · Supreme Court
901
citing judgments

A business liability that has definitely arisen in an accounting year is deductible even if it needs to be quantified and discharged later, as long as its incurring is certain and can be reasonably estimated.

Rotork Controls India Pvt. Ltd. v. CIT
314 ITR 62 · 2009 · Supreme Court
739
citing judgments

A provision for expenses, such as warranty, is a deductible liability for income tax purposes if it constitutes a present obligation arising from past events, and a reliable estimate of the amount of obligation is possible.

TRF Ltd. v. CIT
323 ITR 397 · 2010 · Supreme Court
714
citing judgments

For claiming deduction for bad debts under section 36(1)(vii) of the Income Tax Act, it is sufficient for the assessee to write off the debt as irrecoverable in its accounts, and it is not necessary to prove that the debt has actually become irrecoverable.

GE India Technology Centre Pvt. Ltd. v. CIT
327 ITR 456 · 2010 · Supreme Court
663
citing judgments

Tax must be deducted at source from payments made to a non-resident under Section 195 only if such payment is chargeable to tax in India. The Assessing Officer bears the onus to establish that the payments made are indeed chargeable to tax under the Income Tax Act.

Tuticorin Alkali Chemicals & Fertilizers Ltd. v. CIT
227 ITR 172 · 1997 · Supreme Court
621
citing judgments

Interest income earned on deposits, particularly before the commencement of business operations or as a requirement for business licensing, is taxable as "income from other sources" under Section 56, and cannot be treated as business income or set off against interest on borrowed funds.

Hindustan Coca Cola Beverage Pvt. Ltd. v. CIT
293 ITR 226 · 2007 · Supreme Court
576
citing judgments

The deductor cannot be treated as an assessee-in-default under Section 201(1) if the deductee has already paid the tax or offered the impugned receipts in their return of income. However, interest under Section 201(1A) for delayed deposit of tax can still be levied up to the date of filing of the return of income by the deductee.

CIT v. Reliance Industries Ltd.
410 ITR 466 · 2019 · Supreme Court
501
citing judgments

When mixed funds are available, interest-free advances are presumed to be made from the assessee's own interest-free funds, preventing disallowance of interest expenditure under section 36(1)(iii). This principle also applies to section 14A disallowance, where interest expenditure is not disallowed if surplus funds are available and no direct nexus is established with borrowed funds for investments earning exempt income.

Judgments on Section 40(a)(ia)

DCIT, Circle - 12(1), Kolkata vs. M/S. International Seaports (Haldia) Pvt. Ltd., Kolkata

In the result, appeal of the revenue is dismissed

ITA 997/KOL/2018[2012-13]Status: DisposedITAT Kolkata14 Dec 2022AY 2012-13

Bench: Shri Rajpal Yadav, Hon’Ble Vice- & Shri Girish Agrawal, Hon’Blei.T.A. No. 997/Kol/2018 Assessment Year: 2012-13 Deputy Commissioner Of Income International Seaports (Haldia) Tax, Circle-12(1), Kolkata Vs Pvt. Ltd. 41, Jawahar Lal Nehru Road Kanak Building 3Rd Floor Kolkata - 700071 [Pan : Aaaci9468D] अपीलाथ"/ (Appellant) "त् यथ"/ (Respondent) Assessee By : Shri Somnath Ghosh, Advocate Revenue By : Shri Sudipto Ghosh, Cit D/R सुनवाई क" तारीख/Date Of Hearing : 19/10/2022 घोषणा क" तारीख/Date Of Pronouncement : 14/12/2022 आदेश/O R D E R Per Girish Agrawal: This Appeal By The Revenue Is Arising Out Of The Order Of The Learned Commissioner Of Income Tax (Appeals) – 4, Kolkata [Hereinafter The “Ld. Cit(A)”] In Appeal No. Cit(A), Kolkata- 4/10691/2015-16, Vide Order Dt. 14/02/2018, Against The Assessment Order Passed U/S 143(3) Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) By The Deputy Commissioner Of Income Tax, Circle-12(1), Kolkata For Assessment Year 2012-13, Dated 27/03/2015. 2. Grounds Taken By The Assessee Are Reproduced As Under:- “1. That On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Has Erred By Allowing The Appeal Of The Assessee Company Stating That The Expenditure Of Rs.5,21,03,578/- Made On Account Of Repairing Work Made By The Concern M/S. Portek Systems & Equipments Pte. Ltd., Singapore Was Revenue Expenditure. 2. That On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Has Erred By Not Appreciating The Facts That The Aforesaid Repairing Work Was Not Routine Repairing Works Of The Assessee Company & It Required Technical Assistance To Bring The Ship Unloaders In A Good Condition For Future Works. Ay: 2012-13 International Seaports (Haldia) Pvt. Ltd. 2

For Appellant: Shri Somnath Ghosh, AdvocateFor Respondent: Shri Sudipto Ghosh, CIT D/R
Section 143(3)Section 40

Deputy Commissioner of Income Tax, Circle- 3(1) ), Raipur vs. Shri Santosh Jain, Raipur

In the result, the appeal of Revenue is dismissed

ITA 44/RPR/2020[2009-10]Status: DisposedITAT Raipur12 Dec 2022AY 2009-10

Bench: Shri Ravish Sood & Dr. Dipak P. Ripoteिनधा"रणवष" / Assessment Year : 2009-10 Dcit, Circle 3(1), Shri Santosh Jain Raipur Vs Prop. M/S. Arihant Mining Co., Raipur. Pan: Acmpj5971B Appellant Respondent Applicant By None Respondent By Shrig.N. Singh Date Of Hearing 02/11/2022 Date Of Pronouncement 12/12/2022 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Revenue Isdirected Against The Order Of Ld.Commissioner Of Income Tax(Appeals)-I, Raipur, Dated 22.11.2019For Assessment Year 2009-10 Emanating From The Assessment Order Dated 11.02.2015 Passed Under Section 143(3)R.W.S. 263Of The Income-Tax Act, 1961 (Hereinafter Also Called As ‘The Act’). The Revenue Has Raised The Following Ground Of Appeal: “1. Whether The Ld. Cit(A) Not Erred In Law & In Fact Byadjudicating The Issue Of Retrospective Applicability Of The Secondproviso To Section 40(A)(Ia) Of The I. T. Act, Which Was Not Aground Of Appeal Before The Ld. Cit(A)? 2. Whether The Ld.Cit(A) Not Erred In Law & In Facts By Ignoringthe Fact That The Order Of The Ao Was Erroneous & Prejudicial Tothe Interest Of Revenue In The Light Of The Fact The Ao Did Notexamine The Issue Of Non Deduction Of Tax At Source Andapplicability Of Provision U/S 40(A)(Ia) Of The I. T. Act?

Section 143(3)Section 263Section 40

Deputy Commissioner of Income Tax, Circle- 3(1) ), Raipur vs. Shri Santosh Jain, Raipur

In the result, the appeal of Revenue is Dismissed

ITA 43/RPR/2020[2008-09]Status: DisposedITAT Raipur12 Dec 2022AY 2008-09

Bench: Shri Ravish Sood & Dr. Dipak P. Ripoteआयकर अपील सं. Ita No.43/Rpr/2020 िनधा"रणवष" / Assessment Year : 2008-09 Dcit, Circle 3(1), Shri Santosh Jain Raipur Vs Prop. M/S. Arihant Mining Co., Raipur. Pan: Acmpj 5971 B Appellant/Revenue Respondent /Assessee Applicant By None Respondent By Shri G.N. Singh Date Of Hearing 02/11/2022 Date Of Pronouncement 12/12/2022 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Revenue Against The Order Of Ld.Commissioner Of Income Tax(Appeals)-I, Raipur, Dated 22.11.2019For Assessment Year 2008-09Emanating From The Assessment Order Dated 29.09.2015 Passed Under Section 143(3) R.W.S. 147 Of The Income-Tax Act, 1961 (Hereinafter Also Called As ‘The Act’). The Revenue Has Raised The Following Ground Of Appeal: “1. Whether The Ld. Cit(A) Not Erred In Law & In Fact By Adjudicating The Issue Of Retrospective Applicability Of The Second Proviso To Section 40(A)(Ia) Of The I. T. Act, Which Was Not Aground Of Appeal Before The Ld. Cit(A)? 2. Whether The Ld.Cit(A) Not Erred In Law & In Facts By Ignoring The Fact That The Order Of The Ao Was Erroneous & Prejudicial To The Interest Of Revenue In The Light Of The Fact The Ao Did Not Examine The Issue Of Non Deduction Of Tax At Source & Applicability Of Provision U/S 40(A)(Ia) Of The I. T. Act?

Section 143(3)Section 147Section 194ASection 263Section 40

Assistant Commissioner of Income-Tax, Circle-7, Pune vs. PAN International, Pune

ITA 175/PUN/2020[2008-09]Status: DisposedITAT Pune09 Dec 2022AY 2008-09

Bench: Hon’Ble Shri S. S. Viswanethra Ravi & Shri G. D. Padmahshaliआयकर अपील सं. / Ita No.175/Pun/2020 & Co No. 23/Pun/2022 धििाारण वर्ा / Assessment Year : 2008-2009 Dy. Commissioner Of Income Tax, Circle-7, Pune . . . . . . . अपीलार्थी / Appellant बिाम / V/S. Pan International, 347, Afl House, Off Dhole Patil Rd, Behind Hotel Meru, Pune – 411 001 . . . . . . . प्रत्यर्थी / Respondent Pan: Aabfp4234F & Cross Objector द्वारा / Appearances Assessee By : Shri Sharad Vaze Revenue By : Shri M. G. Jasnani सुनवाई की तारीख / Date Of Conclusive Hearing : 09/12/2022 घोषणा की तारीख / Date Of Pronouncement : 09/12/2022 आदेश / Order Per G. D. Padmahshali, Am; The Revenue Challenges The Order Of Commissioner Of Income Tax (Appeals)-8, Pune [For Short “Cit(A)”] Dt. 06/11/2019 Passed U/S 250 Of The Income-Tax Act, 1961 [For Short “The Act”] Quashing The Order Of Assessment Dt. 10/03/2014 Passed U/S 143(3) R.W.S. 147 By The Dy. Commissioner Of Income Tax, Circle 1(2), Pune[For Short “Ao”] For The Assessment Year [For Short “Ay”] 2008-09 On Technical-Cum-Legal Ground.

For Appellant: Shri Sharad VazeFor Respondent: Shri M. G. Jasnani
Section 143(1)Section 143(2)Section 143(3)Section 148Section 250Section 292BSection 40