Section 194C of the Income Tax Act

Income-tax Act, 2025: s.393

Section 194C 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 194C is Hindustan Coca Cola Beverage Pvt. Ltd. v. CIT (293 ITR 226), cited in 576 of the 2,696 judgments on BharatTax that turn on this section.

Leading authorities on Section 194C

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.

Allied Motors (P) Ltd. v. CIT
224 ITR 677 · 1997 · Supreme Court
398
citing judgments

Amendments to the Income-tax Act that are curative, clarificatory, or beneficial in nature apply retrospectively from the date the original statutory provision was introduced, even if not explicitly stated.

Nikunj Eximp Enterprises v. CIT
216 Taxmann 171 · 2013 · High Court
325
citing judgments

Purchases may be treated as genuine even if the purchase parties are untraceable or not available for verification, as long as there is no specific evidence from the parties themselves denying the transactions or proving them to be bogus.

CIT v. Eli Lily & Co.
312 ITR 225 · 2009 · Supreme Court
221
citing judgments

Section 195 of the Income Tax Act, which mandates tax withholding on payments to non-residents, applies only to sums that are otherwise chargeable to tax under the Act. Tax withholding provisions are not charging provisions.

CIT v. Ralson Industries Ltd. 5
288 ITR 322 · 2007 · Supreme Court
153
citing judgments

The Supreme Court affirmed that lower authorities are bound by decisions of higher authorities due to judicial discipline. It also clarified that the Commissioner, in exercising revisional power under Section 263, can conduct necessary inquiries to determine if an assessment is prejudicial to the Revenue.

Goodyear v. State of Haryana
188 ITR 402 · 1991 · Supreme Court
94
citing judgments

A reasonable construction of a taxing statute should be followed, and a literal construction should be avoided if it defeats the manifest purpose and object of the Act.

Maruti Udyog v. DCIT
92 ITD 119 · 2005 · ITAT
87
citing judgments

The onus is on the revenue to establish the nexus between expenses incurred and exempt income before making a disallowance under section 14A.

CIT v. Vector Shipping Services (P) Ltd.
357 ITR 642 · 2013 · High Court
87
citing judgments

Section 40(a)(ia) of the Income-tax Act, 1961, applies only when an amount is payable (accrued) and not when the amount has already been disbursed or paid.

Carborandum Co. v. CIT
108 ITR 335 · 1977 · Supreme Court
87
citing judgments
Sodex SVC India (P) Ltd. v. DCIT (TDS) 2(2)
92 Taxmann.com 260 · 2018 · ITAT
86
citing judgments

A statutory provision is not construed to have retrospective operation unless such a construction is explicitly stated in the Act or arises by necessary and distinct implication.

Judgments on Section 194C

DCIT TDS 1(2), Mumbai vs. Fino Fintech Foundation, Navi Mumbai

In the result, both the appeals filed by the revenue for assessment year

ITA 4482/MUM/2015[2012-13]Status: DisposedITAT Mumbai27 Sept 2017AY 2012-13

Bench: Shri Rajendra, Am & Shri Ram Lal Negi, Jm आिकर अपील सं./Ita No. 4482/Mum/2015 (धििाारण वर्ा / Assessment Year: 2012-13) The Dcit (Tds)-1(2), Vs. M/S Fino Fintech Foundation, Room No. 803, Tarun Bharat, Plot No. 38/39, K.G. Mittal Hospital Bldg., Sector No. 30, Charni Road (W), Near Sanpada Railway Station, Mumbai - 400002 Navi Mumbai - 400075 स्थािी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabcf1125D (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) & आिकर अपील सं./Ita No. 4483/Mum/2015 (धििाारण वर्ा / Assessment Year: 2012-13) & It The Dcit (Tds)-1(2), Vs. M/S Fino Paytech Ltd., Room No. 803, Tarun Bharat, Plot No. 38/39, K.G. Mittal Hospital Bldg., Sector No. 30, Charni Road (W), Near Sanpada Railway Station, Mumbai - 400002 Navi Mumbai - 400075 स्थािी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacf9869M (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) राजस्व की ओर से / Revenue By : Shri T.A. Khan (Dr) यनर्ावररती की ओर से /Assessee By : None

For Appellant: NoneFor Respondent: Shri T.A. Khan (DR)
Section 194CSection 194JSection 201Section 201(1)Section 25

ACIT, Circle-3, Suri, Birbhum vs. Sri Sarojit Kumar Dey, Birbhum

In the result, the appeal of the revenue is dismissed

ITA 2218/KOL/2014[2010-2011]Status: DisposedITAT Kolkata22 Sept 2017AY 2010-2011

Bench: Shri P.M. Jagtap, Am & Shri S.S. Viswanethra Ravi, Jm] I.T.A. No. 2218/Kol/2014 Assessment Year: 2010-11 Acit, Circle-3, Suri.............................……………………………………………………Appellant Aayakar Bhawan, Lalkuthipara Suri, Birbhum -731101 Shri Sarojit Kr. Dey……………….......................................................................Respondent Ahmadpur, Birbhum West Bengal, Pin - 731201 [Pan: Adqpd8637B] Appearances By: Shri Kalyan Nath, Addl. Cit Appearing On Behalf Of The Revenue. None Appearing On Behalf Of The Assessee. Date Of Concluding The Hearing : September 14, 2017 Date Of Pronouncing The Order : September 22, 2017 Order Per P.M. Jagtap, Am This Appeal Is Preferred By The Revenue Against The Order Of Learned Cit (Appeals) Asansol Dated 13.10.2014 On The Following Grounds: 1. On The Facts & Circumstances Of The Case, The Ld. Cit (A) Was Not Justified In Holding Rejection Of The Assessee’S Default In Complying The Provisions Of Section 194C(6) & (7). 2. On The Facts & In The Circumstances Of The Case The Ld. Cit (A) Erred In Deleting The Addition Of Rs. 75,82,759/- & Rs. 38,11,909/-. 3. On The Facts & Circumstances Of The Case The Ld. Cit (A) Was Not Correct In Law As Well As In Fact In Deleting The Addition Of Rs. 7,00,000/- Taking The Plea Of Section 40(A)(Ia) Which Was Quoted By Mistake In His Order Though The Ao At The Beginning Narrated The Expenses As Per Section 192 Of The I.T. Act, 1961. 2. The Assessee In The Present Case Is An Individual Who Is Engaged In The Business Of Running Country Spirit Bottling Plant Cum Warehouse. The Return Of Income For The Year Under Consideration

Section 143(3)Section 192Section 194CSection 194C(6)Section 194C(7)Section 200(3)Section 40

ITO 17(3)(1), Mumbai vs. Rajeshwaree Shipping & Logistics, Mumbai

In the result, the appeal filed by the revenue is hereby ordered to be dismissed

ITA 5321/MUM/2016[2012-13]Status: DisposedITAT Mumbai22 Sept 2017AY 2012-13

Bench: Shri G. S. Pannu, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.5321/Mum/2016 (निर्धारण वर्ा / Assessment Year: 2012-13) Ito 17(3)(1) बिधम/ Rajeshswaree Shipping & Room No. 114/111A, 1St Logistics Vs. 24 Bhanushali Bldg. 35, Floor, Aayakar Bhavan, M.K. Rd. Mumbai - 400020 Mint Road, Near Gpo, Fort, Mumbai Pin:400001 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aalfr1162R (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri Rajesh Kumar Yadav (Dr) Assessee By: Shri None सुनवाई की तारीख / Date Of Hearing: 09.08.2017 घोषणा की तारीख /Date Of Pronouncement: 22.09.2017 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue Has Filed The Present Appeal Against The Order Dated 29.06.2016 Passed By The Commissioner Of Income Tax (Appeals) - 28, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2012- 13. 2. The Revenue Has Raised The Following Grounds:- “1. On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Has Erred In Holding That The Provisions Of Section 40(A)(Ia) Of The Act Due To Non Deduction Of Tds In Respect Of Payments Made By The Assessee For & On Behalf Of Its Clients, Which Are Fully Reimbursed To It By Its Clients, Cannot Be Invoked In The Case Of The Assessee & Thereby Directing To Delete The

For Appellant: Shri NoneFor Respondent: Shri Rajesh Kumar Yadav (DR)
Section 142(1)Section 143(1)Section 143(2)Section 260ASection 40