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

Esi Corporation, Kolkata vs. ITO, TDS 157 (1), Kolkata

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

ITA 602/KOL/2016[2010-2011]Status: DisposedITAT Kolkata15 Dec 2017AY 2010-2011

Bench: Shri Veeravalli Durga Rao, Jm & Shri Waseem Ahmed, Am] I.T.A. No. 602/Kol/2016 Assessment Year: 2010-11 M/S. Esi Corporation.……………………………………….........................................Appellant Panchdeep Bhawan, 5/1, Grand Lane, Kolkata - 700012 [Pan : Caleo0295B] Ito, (Tds) Ward 57(1)..............................…………………………………………Respondent 10B, Middleton Row, 8Th Floor, Kolkata – 700071 Appearances By: Shri Debabrata Saha, Ar, Appearing On Behalf Of The Assessee. Shri Raj Kumar Agarwal, Ar Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : December 11, 2017 Date Of Pronouncing The Order : December 15, 2017 Order Per Veeravalli Durga Rao, Jm This Appeal Is Preferred By The Assessee Against The Order Of Ld. Cit (Appeals) – 24, Kolkata Dated 25.01.2016 For The F.Y. 2010-11. 2. The First Ground Of Appeal Raised By The Assessee Is In Respect Of Rs. 5,36,093/-. The Assessee Is A Esi Corporation & There Is A Survey Conducted In The Case Of The Assessee. In The Course Of The Survey, It Was Noticed That Out Of Rs. 68,00,000/- Appearing In The Head Of Super Speciality Treatment Rs. 28,18,140/-, It Was Stated By The Assessee Before The A.O. The Above Amount Is Utilised For Purchase Of Pace Makers From Shree Coratomic. According To The A.O. The Assessee Could Not Clarify The Balance Amount Of Rs. 39,41,860/- & Therefore

ACIT, Circle-45, Kolkata vs. Shri Kishan Saraf, Kolkata

In the result, appeal filed by the Revenue, on this issue, is dismissed

ITA 27/KOL/2015[2008-2009]Status: DisposedITAT Kolkata04 Dec 2017AY 2008-2009

Bench: Shri A. T. Varkey, Jm &Dr. A.L. Saini, Am आयकरअपीलसं./Ita No.2265/Kol/2014 िनधा"रणवष" / Assessment Year: 2008-09 Vs. A.C.I.T, Cir-45, Kolkata. Shri Kishan Saraf Krishna Building, Room No.817, Govt. Place(West), Kolkata – 224, A.J.C. Bose Road, Kolkata – 700 001. 700 020. "थायीलेखासं./जीआइआरसं./Pan/Gir No. : Akups4979 C (Assessee) .. (Revenue) & आयकरअपीलसं./Ita No.27/Kol/2015 िनधा"रणवष" / Assessment Year: 2008-09 A.C.I.T, Cir-45, Kolkata. Vs. Shri Kishan Saraf Krishna Building, Room No.817, Govt. Place(West), Kolkata 224, A.J.C. Bose Road, Kolkata – – 700 001. 700 020. "थायीलेखासं./जीआइआरसं./Pan/Gir No. : Akups 4979 C (Revenue) .. (Assessee) Assesseeby : Shri S.D Varma, Adv. Revenue By : Shri Saurabh Kumar, Acit, Dr सुनवाईकीतारीख/ Date Of Hearing : 05/09/2017 घोषणाकीतारीख/Date Of Pronouncement : 04/12/2017 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am: The Captioned Cross-Appeal Filed By The Assessee & Revenue, Pertaining To Assessment Year 2008-09, Are Directed Against An Order Passed By The Ld. Commissioner Of Income Tax (Appeals)-Xxx, Kolkata In Appeal No.238/Cit(A)- Xxx/Cir-45/2013-14, Dated 29.10.2014, Which In Turn Arises Out Of An Order Passed

For Appellant: Shri S.D Varma, AdvFor Respondent: Shri Saurabh Kumar, ACIT, DR
Section 143(3)Section 2(22)(e)Section 263Section 40