Section 194H of the Income Tax Act

Income-tax Act, 2025: s.393

Section 194H 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 194H is CIT v. Nagri Mills Co. Ltd. (33 ITR 681), cited in 165 of the 1,314 judgments on BharatTax that turn on this section.

Leading authorities on Section 194H

CIT v. Nagri Mills Co. Ltd.
33 ITR 681 · 1958 · High Court
165
citing judgments

An addition to income is revenue neutral if its tax impact remains the same regardless of the year in which it is assessed. Assessments should not dispute the year of addition when the tax rate and impact are consistent, to avoid unnecessary disputes and potential loss to revenue.

CIT v. Idea Cellular Ltd.
325 ITR 148 · 2010 · High Court
155
citing judgments

Discounts offered to distributors under a tightly controlled relationship constitute commission and are subject to tax deduction at source under Section 194H of the Income-tax Act.

CIT v. Bharti Cellular Ltd.
330 ITR 239 · 2011 · Supreme Court
147
citing judgments

The Supreme Court holds that for a service to qualify as 'fees for technical services' under Section 9(1)(vii) of the Income-tax Act or Article 12 of a DTAA, direct human involvement or intervention in rendering the service is essential. This principle applies to telecommunication services like interconnect charges and roaming charges, and also to services related to software use.

Bharti Airtel Ltd. v. DCIT
372 ITR 33 · 2015 · High Court
139
citing judgments

Section 194H of the Income Tax Act, 1961, is not applicable on the discount extended to distributors of pre-paid services, as the distributor does not earn income at the time of purchasing pre-paid cards from the assessee. The assessee is not in possession of any income belonging to the distributor at that point.

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.

State Lotteries & Ors. (2001) 249 ITR 186 and Ahmedabad Stamp Vendors Association v. Union of India
257 ITR 202 · 2002 · High Court
121
citing judgments

Supplementary commission forional or extra services does not fall within the ambit of Section 194H of the Income Tax Act, 1961. This may affect the applicability of certificates issued under Section 197.

CIT v. HCL Comnet Systems & Services Ltd.
305 ITR 409 · 2008 · Supreme Court
118
citing judgments

For computing book profits under Section 115JB, an Assessing Officer's power is limited to examining duly certified books and making adjustments only as per the Explanation. A provision for bad and doubtful debts, being a diminution in the value of an asset (receivable), does not constitute a 'provision for liability' under Clause (c) of the Explanation and therefore cannot be added back.

Southern Switchgear Ltd. v. CIT
232 ITR 359 · 1998 · Supreme Court
99
citing judgments

Expenditure on technical aid fees for factory setup and rights to sell products under a collaboration agreement is capital in nature, not revenue, as it provides an enduring benefit.

Hindustan Coca Cola v. CIT
402 ITR 539 · 2018 · High Court
73
citing judgments

Discounts allowed by a business to grow its operations in a competitive market are acceptable and cannot be disallowed. Expenses incurred for business growth in a competitive world are not to be disallowed.

Nabha Investments Pvt. ltd. v. UOI
248 ITR 292 · 2001 · High Court
65
citing judgments

An assessment order is considered erroneous and prejudicial to the interest of the revenue, warranting revision under Section 263, if there is an inadequate inquiry or non-application of mind by the Assessing Officer, satisfying the two cumulative conditions required for revisional powers.

Judgments on Section 194H

Swapnendu Mishra, Purba Medinipur vs. JCIT, Range-Haldia, Purba Medinipur

Appeal is partly allowed in above terms

ITA 1610/KOL/2016[2011-12]Status: DisposedITAT Kolkata30 Jan 2019AY 2011-12

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2011-12 Swapnendu Mishra V/S. Jcit, Range-Haldia Kumarpur, Contai, Purba Basudevpur, Khanjanchak, Medinipur-721401 Haldia, Puurba Medinipur- [Pan No.Aeypm 6194 B] 721604 .. अपीलाथ" /Appellant ""यथ"/Respondent Shri Soumitra Choudhury, Advocate अपीलाथ" क" ओर से/By Appellant Shri Sourav Kumar, Addl. Cit-Sr-Dr ""यथ" क" ओर से/By Respondent 14-01-2019 सुनवाई क" तार"ख/Date Of Hearing 30-01-2019 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per S.S.Godara:- This Assessee’S Appeal For Assessment Year 2011-12 Arises Against The Commissioner Of Income Tax (Appeals)-7, Kolkata’S Order Dated 30.05.2016, Passed In Case No.549/Cit(A)-7/Range-27/14-15, In Proceedings U/S. 143(3) Of The Income Tax Act, 1961; In Short ‘The Act’. 2. We Notice At The Outset That The Instant Appeal Suffers From 12 Days’ Delay In Filing. The Assessee Has Placed On Record His Condonation Petition / Affidavit Dated 05.08.2016 Attributing Reasons Thereof To Lack Of Proper Documentation & Necessary Instructions With The Arguing Counsel Within The Limitation Prescribed. Learned Departmental Representative Is Very Fair In Not Disputing Correctness Of These Solemn Averments. We Therefore Condone The Impugned 12 Days Delay In Filing Of The Instant Appeal As Neither Intentional Nor Deliberate. The Case Is Now Taken Up For Adjudication On Merits. Heard Both The Parties. Case File Perused.

Section 143(3)

ITO, Ward 14(2), Kolkata vs. M/S B.B.C. Project Services Pvt. Ltd., Kolkata

Appeal is dismissed

ITA 1669/KOL/2016[2009-10]Status: DisposedITAT Kolkata30 Nov 2018AY 2009-10

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2009-10 Income Tax Officer V/S. M/S B.B.C. Project Services Ward-14(2), 10Th Floor, Pvt Ltd., 90B, S.P. R.No. 3 Aayakar Mukherjee Road, Poorva, 110, Shanti Kolkata-26 Pally, Kolkata-107 [Pan No.Aacb 3671 R] .. अपीलाथ" /Appellant ""यथ"/Respondent Shri A.K. Singh, Cit-Dr अपीलाथ" क" ओर से/By Appellant None ""यथ" क" ओर से/By Respondent 22-11-2018 सुनवाई क" तार"ख/Date Of Hearing 30-11-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per S.S.Godara:- This Revenue’S Appeal For Assessment Year 2009-10 Challenges Correctness Of Commissioner Of Income Tax (Appeals)-4 Kolkata’S Order Dated 06.06.2016, Passed In Case No.190/Cit(A)-4/Ward-10(2)/Kol/14-15, In Proceedings U/S. 144/264 Of The Income Tax Act, 1961; In Short ‘The Act’. Case Called Twice. None Appears At Assessee’S Behest. It Is Accordingly Proceed Ex Parte. 2. The Revenue Raises Two Substantive Grounds In Its Instant Appeal. Its Former Grievance Pleads That Cit(A) Has Erred In Estimating Assessee’S Income @ 0.4% Of The Total Turnover Of ₹48,47,08,894/- Without Appreciating The Relevant Facts. It Then Seeks To Revive Sec. 40(A)(Ia) Disallowance Of ₹6,64,83,650/- Made By The Assessing Officer On Account Of Non-Deduction Of Tds & Reversed In Lower Appellate Proceedings.

Section 144Section 194HSection 40Section 44A