Section 194A of the Income Tax Act

Income-tax Act, 2025: s.393

Section 194A of the Income-tax Act, 1961 corresponds to section 393 (Tax to be deducted at source) of the Income-tax Act, 2025.

Read section 393 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 194A is CIT v. Bokaro Steel Ltd. (236 ITR 315), cited in 370 of the 1,500 judgments on BharatTax that turn on this section.

Leading authorities on Section 194A

CIT v. Bokaro Steel Ltd.
236 ITR 315 · 1999 · Supreme Court
370
citing judgments

Interest earned during the pre-commencement period of a project, on advances made to contractors or on unutilized borrowed funds, if inextricably linked to the setting up of the plant, constitutes a capital receipt. Such interest is not taxable as income but can be reduced from the capital work-in-progress.

CIT v. Ansal Land Mark Township (P) Ltd.
377 ITR 635 · 2015 · High Court
369
citing judgments

The second proviso to Section 40(a)(ia), introduced by the Finance Act, 2012, is curative and applies retrospectively from April 1, 2005. Consequently, if the recipient of a payment has filed their return and paid taxes on the amount from which tax was not deducted at source, the payer's expenditure cannot be disallowed under Section 40(a)(ia).

CIT v. Thana Electricity Supply Ltd.
206 ITR 727 · 1994 · High Court
260
citing judgments

The law declared by the Supreme Court is binding on all courts in India, and decisions of a High Court are binding on subordinate courts and tribunals within its jurisdiction but not on courts or tribunals outside its jurisdiction.

Jagaran Prakashan Ltd. v. DCIT
345 ITR 288 · 2012 · High Court
164
citing judgments

A deductor cannot be treated as an assessee in default for failure to deduct tax at source if the recipient has already paid the income tax directly. The onus is on the deductor to prove that the recipient has paid the tax.

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.

CIT v. Associated Cement Companies Ltd.
172 ITR 257 · 1988 · Supreme Court
126
citing judgments

An expenditure is classified as either capital or revenue; the 'enduring benefit' test is a key criterion for this distinction, and income tax law does not generally recognize deferred revenue expenditure unless specifically provided.

Hindustan Aluminium Corporation Ltd. v. CIT
144 ITR 474 · 1983 · High Court
119
citing judgments

The Calcutta High Court held that a lump sum revenue expenditure, which is of a significant amount and provides benefits spread over several years, can be allowed as a deduction proportionately over the period of benefit. This approach prevents distortion of the profits of a single assessment year.

CIT v. Noble and Hewitt (I) P. Ltd.
305 ITR 324 · 2008 · High Court
109
citing judgments

Section 43B of the Income-tax Act does not apply to disallow an amount (such as statutory dues like service tax or GST) if it has not been debited to the Profit & Loss account and no deduction for it has been claimed by the assessee.

CIT v. NHK Japan Broadcasting Corporation
305 ITR 137 · 2008 · High Court
96
citing judgments

When no specific statutory period of limitation exists, proceedings under Section 201(1) and 201(1A) of the Income-tax Act, particularly for payments to non-residents, must be initiated within a reasonable period of four years. This limitation also applies to consequential penalty proceedings under Section 271C.

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.

Judgments on Section 194A

Chandan Hassanand Lokwani, Nashik vs. ACIT Circle 1, Nashik

In the result, appeal of the assessee is allowed for statistical purpose

ITA 1358/PUN/2024[2012-13]Status: DisposedITAT Pune23 Oct 2024AY 2012-13

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1358/Pun/2024 िनधा"रण वष" / Assessment Year : 2012-13 Chandan Hassanand Lokwani, V The Assistant 2 Jawahar Market, Nashik Road, S Commissioner Of Maharashtra – 422101. Income Tax, Circle-1, Pan : Abcpl7072N Nashik. Appellant / Assessee Respondent / Revenue Assessee By Shri Sanket M Joshi – Ar Revenue By Shri Ramnath P Murkunde - Dr Date Of Hearing 23/10/2024 Date Of Pronouncement 23/10/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac], Under Section 250 Of The Income Tax Act 1961, Dated 18.05.2024. The Assessee Has Raised The Following Grounds Of Appeal : “1) The Learned Cit(A) Erred In Dismissing The Appeal In Limine By Refusing To Condone The Delay Of 108 Days In Filing The Appeal Without Appreciating That The Said Delay Was Due To Reasonable Cause & The Said Delay Ought To Have Been Condoned In The Interest Of Justice. 2) The Learned Cit(A) Failed To Appreciate That In This Case, The Disallowance U/S 40(A)(Ia) Was Made By The A.O. Towards Non Deduction Of Tds On Interest Paid To Three Nbfc In Spite Of The Fact That The Appellant Had Furnished Ca Certificate In Form 26A To Prove That The Payees Had Offered The Interest To Tax & Paid Taxes Thereon & Hence, The Said Addition Resulted Into Double Taxation Of The Same Income & Therefore, The Impugned Delay Of 108 Days In Filing Appeal Ought To Have Been Condoned In View Of The Ratio Laid Down By Hon'Ble Madras High Court In Case Of Venkatadri Traders Ltd. V. Cit [248 Itr 681].

Section 148Section 194ASection 250Section 40