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“interest under section 201(1A)”

TDS / TCSSection 201(1A)Section 201(1A)369 judgments

The decision most relied on for interest under section 201(1A) is Hindustan Coca Cola Beverage Pvt. Ltd. v. CIT (293 ITR 226), cited in 576 judgments on BharatTax.

Leading authorities on interest under section 201(1A)

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.

Prakash Cotton Mills Pvt. Ltd. v. CIT
201 ITR 684 · 1993 · Supreme Court
133
citing judgments

Compensatory interest or damages paid for a breach of contract, arising in the normal course of business, are allowable as a deduction under section 37(1) as wholly and exclusively incurred for business purposes. This principle extends to indirect taxes paid in the course of business, which are admissible as business expenditure.

Bharat Commerce Industries Ltd. v. CIT
230 ITR 733 · 1998 · Supreme Court
130
citing judgments

The Supreme Court holds that interest paid under Section 201(1A) of the Income-tax Act, for failure to deduct tax at source, is not an allowable business expenditure under Section 37(1) of the Act.

Lachmandas Mathura v. CIT
254 ITR 799 · 2002 · Supreme Court
119
citing judgments

Interest paid on delayed payment of statutory dues, such as sales tax, service tax, TDS, and GST, is compensatory in nature rather than penal. Consequently, such interest is an allowable deduction in computing business profits.

American Express International Banking Corporation v. CIT
258 ITR 601 · 2002 · High Court
90
citing judgments

Interest paid by banks is allowable as a deduction in computing total income. The decision distinguished the Supreme Court's ruling in Vijaya Bank regarding the deductibility of such interest.

CIT v. Chennai Properties & Investment Ltd.
239 ITR 435 · 1999 · High Court
77
citing judgments

Interest paid under section 201(1A) for delay in remitting tax deducted at source is not an allowable business expenditure and cannot be regarded as a compensatory payment. This interest takes its character from the nature of the tax levy, being a direct tax itself.

CIT v. Oriental Insurance Co. Ltd.
125 Taxmann 1094 · 2002 · High Court
77
citing judgments

Interest levied under Section 201(1A) for delayed remittance of Tax Deducted at Source (TDS) is compensatory in nature, not penal. It is a distinct provision for delayed remittance, similar to interest paid by Revenue on refunds.

Bank Ltd. (supra), Saraswat Co-op. Bank Ltd. v. ITO (TDS)
54 Taxmann.com 297 · 2015 · Reported
76
citing judgments

A multi-state cooperative bank is obligated to deduct tax at source on interest paid on fixed deposits placed by cooperative societies, as Section 194A(3)(viia) of the Income Tax Act, 1961, rather than Section 194A(3)(v), applies to cooperative banks in this context.

Judgments citing interest under section 201(1A)

ITO(TDS)-2(2)(1), Mumbai vs. Sashwat Energy Private Limited, Mumbai

In the result, the CO is allowed for statistical purposes

ITA 4279/MUM/2025[2021-22]Status: DisposedITAT Mumbai13 Jan 2026AY 2021-22

Bench: Shri Sandeep Gosain & Shri Prabhash Shankarincome Tax Officer (Tds) – V/S. Sashwat Energy Private 2(2)(1) बनाम Limited, 3Rd Floor, Mtnl Building, 10Th Floor, Universal Cumballa Hill, Mumbai – Majestic Lokhande Marg, 400 026, Maharashtra Chembur West, Mumbai – 400 043, Maharashtra स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Mums95080G Appellant/अपीलार्थी .. Respondent/प्रतिवादी प्रत्याक्षेपसं./C.O. No.273/Mum/2025 (Arising Out Of Ita No. 4279/Mum/2025) (A.Y. 2021-22) Sashwat Energy Private V/S. Income Tax Officer (Tds) – Limited, बनाम 2(2)(1), 3Rd Floor, Mtnl 10Th Floor, Universal Majestic Building, Cumballa Hill, Lokhande Marg, Chembur Mumbai – 400 026, West, Mumbai – 400 043, Maharashtra Maharashtra स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Mums95080G Appellant/अपीलाथी .. Respondent/प्रतिवादी

For Appellant: Ms Kinjal Bhuta,ARFor Respondent: Shri Surendra Mohan, (Sr. DR)
Section 133ASection 194ASection 194JSection 200Section 201Section 201(1)Section 40Section 40a

that the assessee company is "an assessee in default" under section 201(1) of the Act and is also liable to pay interest under section 201(1A) of the Act in relation to its failure to deduct tax at source under section 194A of the Act. For the same reasons ... assessee is also held liable for payment of interest under section 201(1A) of the Act. P a g e | 10 CO No. 273/Mum/2025 A.Y. 2021-22 Sashwat Energy Private Limited 7.1 Section 201(1) of the Act envisages that where an assessee does not deduct or does

M/S. Excella Realtors Private Limited, Kolkata vs. I.T.O., Ward - 1(3), TDS, Kolkata

In the result, the appeal of the assessee is allowed

ITA 2274/KOL/2024[2014-2015]Status: DisposedITAT Kolkata03 Nov 2025AY 2014-2015

Bench: Shri Manunatha G & Shri Sonjoy Sarmai.T.A. No.2274/Kol/2024 Assessment Year: 2014-15 M/S Excella Realtors Pvt. Ltd..........................................................……….…Appellant 2, Dharma Das Row, Rash Behari Avenue, W.B-700026. [Pan: Aacce1856B] Vs. Ito, Ward-1(3), Tds, Kolkata………………….…..….......……..…...…..…..Respondent Appearances By: Shri Jaydeep Chakraborty, Ar, Appeared On Behalf Of The Revenue. Shri Sallong Yaden, Addl. Cit-Dr, Appeared On Behalf Of The Assessee. Date Of Concluding The Hearing : September 18, 2025 Date Of Pronouncing The Order : November 03, 2025 Order Per Sonjoy Sarma: This Appeal Filed By The Assessee Is Directed Against The Order Of The Learned Commissioner Of Income-Tax (Appeals), Kolkata [Hereinafter Referred To As “Cit(A)”] Dated 01.10.2024, Arising Out Of The Order Passed Under Section 200A(1) Of The Income-Tax Act, 1961 (“The Act”) For The Assessment Year 2014-15. 2. Brief Facts Of The Case Are That The Assessee, M/S Excella Relators Private Limited, Is Engaged In The Business Of Construction & Land Development. A Demand Notice Was Issued By The Tds-Cpc, Kolkata, Raising A Total Demand Of ₹4,59,653. After Giving Credit For Certain Adjustments Available In The Traces Portal, An Outstanding Demand Of ₹99,482 Towards Interest Under Section 201(1A) & ₹46,400 Towards Late Fee Under Section 234E Remained Payable.

Section 200A(1)Section 200A(1)(c)Section 201Section 234E

After giving credit for certain adjustments available in the TRACES portal, an outstanding demand of ₹99,482 towards interest under section 201(1A) and ₹46,400 towards late fee under section 234E remained payable. I.T.A. No.2274/Kol/2024 M/s Excella Realtors Pvt. Ltd 3. Aggrieved by the said computation, the assessee preferred ... such fee through processing of TDS statement under section 200A(1)(c) came into effect only from 01.06.2015. Moreover, The levy of interest under section 201(1A) amounting to ₹99,482 is not tenable, as the assessee had deposited the TDS within the prescribed time limit, and therefore, no interest