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“interest under section 234B”

InterestSection 234BSection 234B1,475 judgments

The decision most relied on for interest under section 234B is Godrej & Boyce Mfg. Co. Ltd. v. DCIT (328 ITR 81), cited in 1,183 judgments on BharatTax.

Leading authorities on interest under section 234B

Godrej & Boyce Mfg. Co. Ltd. v. DCIT
328 ITR 81 · 2010 · High Court
1,183
citing judgments

Rule 8D, for computing disallowance under Section 14A for expenses related to exempt income, applies from Assessment Year 2008-09 onwards; for prior years, a reasonable disallowance must be made. The disallowance under Section 14A cannot exceed the actual exempt income earned.

CIT v. Anjum M.H. Ghaswala
252 ITR 1 · 2001 · Supreme Court
452
citing judgments

Levy of interest under sections 234A, 234B, and 234C of the Income Tax Act is mandatory. Tax statutes are to be interpreted strictly, allowing no room for purposive interpretation.

CIT v. EKL Appliances Ltd.
345 ITR 241 · 2012 · High Court
422
citing judgments

Transfer pricing adjustments for outstanding receivables are permissible only if the Tax Officer establishes, through analysis over a period, a pattern indicating an international transaction intended to benefit an associated enterprise. The Tax Officer cannot question purely business decisions like royalty payments or exceed jurisdiction by applying cost-benefit analysis to determine the arm's length price of services.

CIT v. Cotton Naturals (I) (P.) Ltd.
55 Taxmann.com 523 · 2015 · High Court
273
citing judgments

The interest rate for benchmarking foreign currency loans advanced to Associated Enterprises should be the market-determined rate applicable to the currency of the loan, such as LIBOR for US Dollar loans, rather than a domestic lending rate like the Indian PLR.

DIT v. GE Packaged Power Inc.
373 ITR 65 · 2015 · High Court
199
citing judgments

Interest under section 234B for default in payment of advance tax is not leviable when the entire income is subject to tax deduction at source under section 195, as no advance tax liability arises for the assessee in such circumstances.

Karanvir Singh Gossal v. CIT
349 ITR 692 · 2012 · Supreme Court
158
citing judgments

The Supreme Court's decision establishes principles or grounds for seeking a waiver of mandatory interest levied under Sections 234A, 234B, and 234C of the Income Tax Act, 1961.

DIT v. NGC Network Asia LLC
313 ITR 187 · 2009 · High Court
144
citing judgments

Where a duty is cast on the payer to deduct and pay tax at source under Section 195, the payee-assessee cannot be levied interest under Section 234B for failure to pay advance tax if the payer defaults on its TDS obligation. This principle may also extend to interest under Section 234C.

80P(2)(d) of the Act. In Kaliandas Udyag Bhavan Premises Co-op Society Ltd. v. ITO
94 Taxmann.com 15 · 2018 · ITAT
130
citing judgments

A co-operative society, even if it is a co-operative bank whose general deduction under Section 80P is restricted by Section 80P(4), can still claim a deduction under Section 80P(2)(d) for interest income derived from its investments held with another co-operative society, as it retains its identity as a co-operative society.

Judgments citing interest under section 234B

M/S. Sasken Technologies Limited, Bangalore vs. Joint Commissioner of Income Tax, Special Range - 6, Bangalore

In the result, appeal of the assessee is partly allowed

ITA 2546/BANG/2019[2016-17]Status: DisposedITAT Bangalore18 Mar 2022AY 2016-17

Bench: Shri N.V. Vasudevan & Shri B. R. Baskaranassessment Year : 2016-17 M/S. Sasken Technologies Limited, Vs. Jcit, No.139/25, Ring Road, Domlur, Special Range – 6, Bengaluru-560071. Bengaluru. Pan : Aaecs 6424 R Appellant Respondent Appellant By : Shri. Padam Chand Khincha, Ca Respondent By : Shri. Sumer Singh Meena, Cit(Dr)(Itat), Bengaluru. Date Of Hearing : 09.03.2022 Date Of Pronouncement : 16.03.2022 O R D E R Per N.V. Vasudevanthis Is An Appeal By The Assessee Against The Order Dated 27.11.2019 Of Cit(A), Bengaluru -10, Relating To Assessment Year 2016-17. 2. Ground No.1 Raised By The Assessee Is General & Calls For No Specific Adjudication. Grounds Nos.2 & 3 Raised By The Assessee Is With Regard To The Issue Whether The Gain On Sale / Assignment Of Intellectual Property Rights (Ipr) Is Assessable To Tax At All & If So Assessable To Tax Whether It Has To Be Assessed To Tax Under The Head “Income From Business Or Profession” Or “Capital Gain”. Page 2 Of 31

For Appellant: Shri. Padam Chand Khincha, CAFor Respondent: Shri. Sumer Singh Meena, CIT(DR)(ITAT), Bengaluru
Section 1

will afford opportunity of being heard to the assessee before deciding on the issue. 47. Ground No.11 with regard to charging of interest under section 234B and 234C are purely consequential and the AO is directed to give consequential relief. Page 31 of 31 48. In the result, appeal

M/S Mysore Race Club Limited, Mysuru vs. The Deputy Commissioner of Income Tax Circle-1(2), Mysuru

In the result, the appeal filed by assessee stands allowed for statistical purposes

ITA 1480/BANG/2017[2011-12]Status: DisposedITAT Bangalore14 Mar 2022AY 2011-12

Bench: Shri. B.R. Baskaran & Smt. Beena Pillaiassessment Year : 2011-12 M/S. Mysore Race Club The Deputy Ltd., Commissioner Of Income Post Box No. 11, Tax, Race Course Road, Vs. Circle – 1 [2], Mysuru – 570 010. Mysuru. Pan: Aabcm5167G Appellant Respondent Assessee By : Shri S.V. Ravishankar, Advocate Revenue By : Shri Janardhan, Addl. Cit (Dr) Date Of Hearing : 04-03-2022 Date Of Pronouncement : 14-03-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against The Order Dated 28/10/2016 Passed By Ld.Cit(A), Mysore For Assessment Year 2011- 12 On Following Grounds Of Appeal: “1. The Order Of The Learned Commissioner Of Income-Tax [Appeals] In So Far As They Are Against The Appellant Is Opposed To Law, Equity & Weight Of Evidence, Probabilities, Facts & Circumstance Of The Case. 2. The Appellant Denies Itself Liable To Be Assessed Over & Above The Returned Income By It On The Facts & Circumstances Of The Case. 3. The Learned Commissioner Of Income-Tax [Appeals] Failed To Appreciate That The Amount Collected From Punters For Disbursement As Dividend To Punters Stands Diverted At Source By Virtue Of Overriding Title On The Facts & Circumstances Of The Case. [I]. The Learned Commissioner Of Income-Tax [Appeals] Failed To Appreciate That The Totalizator Collection From The Punters Stands Diverted At Source For Disbursement To Dividend To Punters On The Facts & Circumstances Of The Case. [Ii]. The Learned Commissioner Of Income-Tax [Appeals] Failed To Appreciate That Method Of Accounting Adopted By The Appellant Were Accepted By The Revenue From Past

For Appellant: Shri S.V. Ravishankar, AdvocateFor Respondent: Shri Janardhan, Addl. CIT (DR)
Section 40Section 40A

mind and requires to be cancelled on the facts and circumstances of the case. 10. The appellant denies itself liable to pay interest under section 234B of the Act on the facts and circumstances of the case. Further, the calculation of interest under section 234B