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)

Sales Emporium(Ulg), Kolkata vs. ITO, Ward 413(2), Kol., Kolkata

In the result, the appeal of the assessee is partly allowed

ITA 332/KOL/2017[2008-09]Status: DisposedITAT Kolkata10 Jan 2018AY 2008-09

Bench: Shri P.M. Jagtap, Am] I.T.A. No. 332/Kol/2017 Assessment Year : 2008-09 Sales Emporium (Ulg).............................…………………………………………………Appellant 85-D, Bidhan Nagar Road, Kolkata – 700 067 [Pan : Aakfs 8098 N] Income Tax Officer...................……………………………………………….................Respondent Ward 44(2) Kolkata, 3, Govt. Place West, Kolkata – 700 001 Appearances By: Shri Vigyaneshwar Nath Datta, Advocate Appearing On Behalf Of The Assessee. Shri Sanjay Mukherjee, Addl. Cit(Dr) Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : November 29, 2017 Date Of Pronouncing The Order : January 10, 2018 Order This Appeal Filed By The Assessee Is Directed Against The Order Of Ld. Cit (Appeals) -13, Kolkata Dated 11.11.2016. 2. In Ground No 1 & 2, The Assessee Has Challenged The Validity Of The Assessment Made By The A.O. Under Section 143(3). At The Time Of Hearing, The Learned Counsel For The Assessee However Has Not Pressed The Said Grounds. Ground No 1 & 2 Of The Assessee’S Appeal Are Accordingly Dismissed As Not Pressed. 3. The Issue Involved In Ground No 3 Relates To The Disallowance Of Rs, 15,69,950/- Made By The A.O. & Confirmed By The Ld. Cit(A) On Account Of Sales Promotion & Advertisement Expenses By Treating The Same As Unproved / Bogus.

Section 143(3)

Prasanta Karmakar, Kolkata vs. JCIT, Range - 26, Kolkata

In the result, the appeal filed by the assessee, is allowed

ITA 258/KOL/2016[2011-2012]Status: DisposedITAT Kolkata10 Jan 2018AY 2011-2012

Bench: Shri N.V. Vasudevan, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.258/Kol/2016 (िनधा"रणवष" / Assessment Year: 2011-12) Prasanta Karmakar Vs. Jcit, Range-26, Kolkata R-26, Kol, Aykar Bhawan, 41, Bose Para Road, Barisha, Dakshin, Dhakuria, Kolkata – Kolkata – 700 008. 700 068. "थायीलेखासं./जीआइआरसं./Pan/Gir No. : Agapk 0496 Q (Assessee) .. (Respondent) Assessee By : Shri Monoj Dutta, Fca, S.K. Roy, Adv. Respondent By: Shri Soumyajit Dasgupta, Addl. Cit सुनवाईकीतारीख/ Date Of Hearing : 22/11/2017 घोषणाकीतारीख/Date Of Pronouncement : 10/01/2018 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am: The Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year 2011-12, Is Directed Against The Order Passed By The Ld. Commissioner Of Income Tax (Appeals)–7, Kolkata, In Appeal No.359/Cit(A)-7/Range- 26/14-15, Dated 28.01.2016, Which In Turn Arises Out Of An Order Passed By The Assessing Officer U/S.144/143(3) Of The Income Tax Act 1961 (Hereinafter Referred To As The ‘Act’), Dated 17.03.2014. 2. The Assessee Has Raised The Following Grounds Of Appeal: “1.That The Ld. Cit(A) Totally Erred In Law & On Facts In Confirming The Disallowance Of Rs.10,98,184/- U/S.40(A)(Ia)/194H Which Was Not The Issue In The Original Asst. Order Wherein The A.O. Made The Total Disallowance As Bogus Commission Payment & Rejected Books U/S.145(3) & Such Addition Has To Be Deleted Being Totally Injudicious & Out Of Context Especially When The Cit(A) Himself Has Admitted That Commission Payment Is Genuine & Is Required To Be Allowed. 2.That The Disallowance Of Rs.10,98,184/- Is Totally Bad & Uncalled For In View Of The Findings In The Asst. Order Dt. 20.01.2016 Of The Assessee U/S. 143(3) For The Asst. Year 2013-2014 & Hence Cannot Be Sustained. 3. That The Ld. Cit(A) Failed To Appreciate That The Retailer'S Commission Is Determined & Communicated By The Principal Ttsl Through E-Mail Every Month

For Appellant: Shri Monoj Dutta, FCA, S.K. Roy, AdvFor Respondent: Shri Soumyajit Dasgupta, Addl. CIT
Section 133(6)Section 143(1)Section 143(2)Section 143(3)Section 144Section 145(3)Section 40