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)

Phl Pharma Pvt. Ltd., Mumbai vs. D.C.I.T. Cir.8(2), Mumbai

The appeal of the assessee is partly allowed

ITA 5970/MUM/2012[2008-09]Status: DisposedITAT Mumbai29 Jul 2016AY 2008-09

Bench: S/Sh.Rajendra & Pawan Singhआयकर अपील आयकर अपील संसंसंसं./I.T.A./5970/Mum/2012,िनधा"रण िनधा"रण वष" वष" /Assessment Year: 2008-09 आयकर आयकर अपील अपील िनधा"रण िनधा"रण वष" वष" Pizi Marketing Services Pvt. Ltd. Dcit , Circle-8(2) Aayakar Bhavan, 2Nd Floor, M.K. Road (Formerly Known As Phl Pharma Pvt. Ltd.) Piramal Tower, Ganpatrao Kadam Marg, Vs. Mumbai-400 020. Lower Parel,Mumbai-400 013. Pan:Aaccn 5346 B आयकर आयकर अपील आयकर आयकर अपील अपील संसंसंसं./I.T.A./6084/Mum/2012,िनधा"रण अपील िनधा"रण िनधा"रण वष" िनधा"रण वष" वष" /Assessment Year: 2008-09 वष" Dcit , Circle-8(2) Pizi Marketing Services Pvt. Ltd. (Formerly Known As Phl Pharma Pvt. Ltd.), Mumbai-400 020. Vs. Mumbai-400 013. (अपीलाथ" /Appellant) (""यथ" / Respondent) Revenue By:S/Shri M. Dayasagar-Cit-Dr & Vijay Kumar-Dr Assessee By: Shri Yogesh Thar सुनवाई क" तारीख / Date Of Hearing: 28.06.2016 घोषणा क" तारीख / Date Of Pronouncement: 29.07.2016 आयकर आयकर आयकर अिधिनयम आयकर अिधिनयम अिधिनयम,1961 क" अिधिनयम क" क" धारा क" धारा धारा 254(1)केकेकेके अ"तग"त धारा अ"तग"त अ"तग"त आदेश अ"तग"त आदेश आदेश आदेश Order U/S.254(1)Of The Income-Tax Act,1961(Act) लेखा लेखा सद"य लेखा लेखा सद"य सद"य राजे"" सद"य राजे"" राजे"" केकेकेके अनुसार राजे"" अनुसार अनुसार Per Rajendra, Am- अनुसार Challenging The Order,Dated 27/07/2012,Of The Cit(A)-17,Mumbai The Assessee & The Assessing Officer(Ao)Have Filed Cross-Appeals For The Year Under Consideration.Assessee- Company,Engaged In The Business Of Consultancy & Detailing Services,Filed Its Return Of Income On 29/09/2008,Declaring A Loss Of Rs.34.73 Crores.The Ao Completed The Assessment On 27/12/2010,U/S.143(3) Of The Act,Determining The Income Of The Assessee At Loss Of Rs. 10,00,82,110/-.

For Appellant: Shri Yogesh TharFor Respondent: S/Shri M. Dayasagar-CIT-DR and Vijay Kumar-DR
Section 143(3)Section 194CSection 254(1)Section 40

DCIT 1(3)(2), Mumbai vs. Sumitomo Chemical India P.Ltd, Mumbai

In the result, the appeal of the revenue is dismissed

ITA 294/MUM/2015[2006-07]Status: DisposedITAT Mumbai27 Jul 2016AY 2006-07

Bench: Hon’Ble S/Shri Joginder Singh (Jm) & Rajesh Kumar,(Am) आमकय अऩीर सं./I.T.A. No.294/Mum/2015 (ननधधायण वषा / Assessment Year : 2006-07) Dy.Commissioner Of Income बनाम/ M/S Sumitomo Chemicals India Pvt.Ltd., Tax, 1(3)(2), Vs. 7Th Floor, Moti Mahal, 564, 5Th Floor, 195 J Tata Road, Aayakar Bhavan, M K Road, Churchgate Mumbai-400020 Mumbai-400020 (अऩीरधथी /Appellant) (प्रत्मथी / Respondent) .. स्थधमी रेखध सं./जीआइआय सं./Pan/Gir No. :Aaecs3750L अऩीरधथी ओय से / Appellant By: Shri Kailash Kanojiya प्रत्मथी की ओय से/Respondent By Ms Radhika Thakkar & Shri Alpesh Gandhi सुनवधई की तधयीख / Date Of Hearing : 20.7.2016 घोषणध की तधयीख /Date Of Pronouncement :27. 7.2016 आदेश / O R D E R Per Rajesh Kumar: This Is An Appeal Filed By The Revenue & Is Directed Against The Order Of The Ld. Cit(A)-7, Mumbai Dated 22.10.2014 Pertaining To A.Y. 2006-07. 2. The Issue Raised By The Revenue In The Sole Ground Of Appeal Is Against The Deletion Of Penalty By Ld. Cit(A) As Imposed By The Ao Under Section 271(1)(C ) Of The Income Tax Act, 1961. 3. The Facts In Brief Are That The Assesse Filed Its Return Of Income On 29.11.2006 Declaring Total Income Of Rs.1,68,87,722/-. The Assessment 2

For Appellant: Shri Kailash Kanojiya
Section 143(3)Section 271Section 271(1)Section 35Section 35DSection 40Section 40a

Asst.C.I.T., Hubli vs. M/S Bellad & Co, Hubli

In the result, the appeal filed by the revenue is dismissed

ITA 1029/BANG/2015[2010-11]Status: DisposedITAT Bangalore27 Jul 2016AY 2010-11

Bench: Shri Sunil Kumar Yadav & Shri Inturi Rama Raom/S.Bellad & Co., Vidyanagar, Hubli. … Appellant Pa No: Aabfb6457D Vs. Deputy Commissioner Of Income-Tax, Hubli. … Respondent & Asst. Commissioner Of Income-Tax, Circle 1(1), Hubballi. … Appellant Vs. M/S.Bellad & Co., Vidyanagar, Hubballi. … Respondent Assessee By : Shri C.R.Nulvi, Ca Revenue By : Shri C.N.Bipin, Jcit(Dr) Date Of Hearing : 04/07/2016 Date Of Pronouncement : 27/07/2016 O R D E R Per Inturi Rama Rao, Am : These Are Cross Appeals Filed By The Assessee As Well As The Revenue Directed Against The Order Of The Cit(A), Hubli, Dated 26/02/2015 For The Assessment Year 2010-11. Ita No.1004 & 1029/Bang/2015 Page 2 Of 13 2. Briefly Facts Of The Case Are As Under: The Assessee-Firm Is Engaged In The Business Of Dealers In Hmt Tractors, Spares, Hero Honda Motors-Cycles & Dealing In Sony Products & Also In The Business Of Generation Of Power Through Wind Mills. Return Of Income For The Assessment Year 2010-11 Was Filed On 30/09/2010 Declaring Income Of Rs.51,74,070/-. Against Said Return Of Income, Assessment Was Completed By The Acit, Circle 1(1), Hubli, Vide Order Dated 14/03/2013 Passed Under Section 143(3) Income-Tax Act, 1961 ['The Act' For Short] At A Total Income Of Rs.1,51,04,807/- After Making Several Disallowances. One Of Those Disallowances Relates To Expenditure Incurred On Renovation Of Showroom Of Rs.17,18,671/- Treating It Capital Expenditure Allowed Depreciation At 10%. He Also Made Addition Of Rs.29,02,161/- As Deemed Dividend Under Section 2(22)(E) Of The Act. The Ao Also Disallowed Deduction Under Section 80Ia(5) Of The Act As, According To The Ao, After Setting Off Of Brought Forward Loss, There Was No Eligible Profit For Deduction U/S 80Ia Of The Act.

For Appellant: Shri C.R.Nulvi, CAFor Respondent: Shri C.N.Bipin, JCIT(DR)
Section 143(3)Section 2(22)(e)Section 40Section 43BSection 80I

M/S Bellad & Company, Hubli vs. DCIT, Hubli

In the result, the appeal filed by the revenue is dismissed

ITA 1004/BANG/2015[2010-11]Status: DisposedITAT Bangalore27 Jul 2016AY 2010-11

Bench: Shri Sunil Kumar Yadav & Shri Inturi Rama Raom/S.Bellad & Co., Vidyanagar, Hubli. … Appellant Pa No: Aabfb6457D Vs. Deputy Commissioner Of Income-Tax, Hubli. … Respondent & Asst. Commissioner Of Income-Tax, Circle 1(1), Hubballi. … Appellant Vs. M/S.Bellad & Co., Vidyanagar, Hubballi. … Respondent Assessee By : Shri C.R.Nulvi, Ca Revenue By : Shri C.N.Bipin, Jcit(Dr) Date Of Hearing : 04/07/2016 Date Of Pronouncement : 27/07/2016 O R D E R Per Inturi Rama Rao, Am : These Are Cross Appeals Filed By The Assessee As Well As The Revenue Directed Against The Order Of The Cit(A), Hubli, Dated 26/02/2015 For The Assessment Year 2010-11. Ita No.1004 & 1029/Bang/2015 Page 2 Of 13 2. Briefly Facts Of The Case Are As Under: The Assessee-Firm Is Engaged In The Business Of Dealers In Hmt Tractors, Spares, Hero Honda Motors-Cycles & Dealing In Sony Products & Also In The Business Of Generation Of Power Through Wind Mills. Return Of Income For The Assessment Year 2010-11 Was Filed On 30/09/2010 Declaring Income Of Rs.51,74,070/-. Against Said Return Of Income, Assessment Was Completed By The Acit, Circle 1(1), Hubli, Vide Order Dated 14/03/2013 Passed Under Section 143(3) Income-Tax Act, 1961 ['The Act' For Short] At A Total Income Of Rs.1,51,04,807/- After Making Several Disallowances. One Of Those Disallowances Relates To Expenditure Incurred On Renovation Of Showroom Of Rs.17,18,671/- Treating It Capital Expenditure Allowed Depreciation At 10%. He Also Made Addition Of Rs.29,02,161/- As Deemed Dividend Under Section 2(22)(E) Of The Act. The Ao Also Disallowed Deduction Under Section 80Ia(5) Of The Act As, According To The Ao, After Setting Off Of Brought Forward Loss, There Was No Eligible Profit For Deduction U/S 80Ia Of The Act.

For Appellant: Shri C.R.Nulvi, CAFor Respondent: Shri C.N.Bipin, JCIT(DR)
Section 143(3)Section 2(22)(e)Section 40Section 43BSection 80I