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Section 14A(1) of the Income-tax Act, 1961 denies a deduction for expenditure incurred in relation to income that does not form part of total income — a partner’s share of firm profit, interest on tax-free bonds, agricultural income and the like. The assessee first makes its own claim: either a figure it has identified, or a claim that nothing was spent. Under Section 14A(2) and (3), the Assessing Officer moves to the prescribed method only if, having regard to the accounts, the officer is not satisfied with that claim. The prescribed method is Rule 8D.
Rule 8D(2), in the form it has had since June 2016, has two limbs. The first is the expenditure directly relating to the exempt income. The second is 1% of the annual average of the monthly averages of the opening and closing balances of the value of investment, income from which does not or shall not form part of total income. A proviso then caps the total of the two limbs at the total expenditure claimed by the assessee. The older three-limb formula, with its separate interest apportionment and a 0.5% factor, applies only to years before the 2016 substitution.
Two later changes matter. The Finance Act 2022 added an Explanation to Section 14A, effective 1 April 2022, so that the section applies where expenditure was incurred in relation to exempt income even though no such income accrued, arose or was received in that year. And from tax year 2026-27 the provision moves to Section 14 of the Income-tax Act, 2025 — the no-income rule now sits in the section itself as sub-section (3) — with Rule 14 of the Income-tax Rules, 2026 as the prescribed method in place of Rule 8D. FY 2025-26 (AY 2026-27) is still a 1961-Act year.
In the tax audit report the figure is disclosed under clause 21(h) of Form 3CD for years under the 1961 Act. For tax year 2026-27 onward the report is Form No. 26, and the corresponding item is clause 26, which asks for the inadmissible amount in so many words — “even if such income has not been accrued or received during the tax year”.
A company holds investments whose income is exempt. The book value is ₹4.00 crore on 1 April, rising to ₹4.60 crore at the end of June, ₹5.20 crore at the end of September and ₹5.80 crore at the end of January, where it stays to 31 March. It paid ₹1.2 lakh in custody and portfolio charges, claimed total expenditure of ₹3.8 crore, earned ₹9 lakh of exempt income and offered ₹1.2 lakh as its own disallowance.