Section 133A(2A) of the Income Tax Act

Income-tax Act, 2025: s.253

Section 133A(2A) falls under section 133A of the Income-tax Act, 1961, which corresponds to section 253 (Powers of survey) of the Income-tax Act, 2025.

Read section 253 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 133A(2A) is Merilyn Shipping & Transports v. Addl. CIT (136 ITD 23), cited in 139 of the 46 judgments on BharatTax that turn on this section.

Leading authorities on Section 133A(2A)

Merilyn Shipping & Transports v. Addl. CIT
136 ITD 23 · 2012 · ITAT
139
citing judgments

Section 40(a)(ia) disallowance applies only to expenses that remain payable at the end of the financial year, not to expenses that have been actually paid during the previous year without deduction of tax at source.

Ramkrishna Vedanta Math v. ITO
24 Taxmann.com 29 · 2012 · ITAT
26
citing judgments

Interest under section 201(1A) cannot be levied if the recipient of income has already paid the due taxes. The onus is on the revenue to prove that taxes have not been recovered from the primary liable person.

Biocon Ltd. v. DCIT
152 Taxmann.com 55 · 2023 · Reported
19
citing judgments

Interest under Section 201(1A) is not leviable if there is no short deduction of TDS, particularly when income has not accrued to the vendor at the time of provision creation and withholding tax provisions are not applicable.

CIT v. United Rice Land Ltd.
322 ITR 594 · 2010 · High Court
19
citing judgments

Section 194C is attracted when payments are made for carrying out work in pursuance of a contract with a specified person. If vehicles are hired on an 'as and when needed' basis, Section 194C may not apply.

COMMISSIONER OF INCOME TAX v. VASISTH CHAY VYAAR LIMITED
90 Taxmann.com 365 · 2018 · Supreme Court
15
citing judgments

Interest income on Non-Performing Assets (NPA) need not be recognized on an accrual basis and the provisions of Section 145 of the Income Tax Act do not play a role in such income recognition. Furthermore, if interest does not result in any income, there can be no levy of tax.

CIT v. Adisankara Spinning Mills (P.) Ltd.
362 ITR 233 · 2014 · High Court
14
citing judgments

A technical breach of filing a statutory form, such as Form 27C, can be condoned. No liability under section 206C(6A) or 206C(7) can be fastened on the assessee if the statutory form is filed, even if not furnished in time.

Sunil Kumar Gupta v. ACIT
389 ITR 38 · 2016 · High Court
12
citing judgments

Common Area Maintenance (CAM) charges paid by a tenant are considered rent and are subject to TDS under Section 194-I of the Income Tax Act, even if paid to a third party, as the term 'rent' is broadly interpreted to include payments for the use of property and associated services.

Income-tax Officer, Ward-2(2), Ahmedabad v. Parag Mahasukhlal Shah
12 Taxmann.com 37 · 2011 · ITAT
11
citing judgments

Payments made for delayed purchase bills are not considered interest under section 2(28A) if they have a direct link and immediate nexus with a trading liability.

ITO v. Parag Mahasukhlal Shah
46 SOT 302 · 2011 · ITAT
11
citing judgments

A payment made due to delayed payment of purchase bills is not considered interest under Section 2(28A) if it has a direct link and immediate nexus with a trading liability.

CIT (TDS) v. Priya Blue Industries (P.) Ltd.
65 Taxmann.com 206 · 2016 · High Court
7
citing judgments

Judgments on Section 133A(2A)