Section 194I of the Income Tax Act

Income-tax Act, 2025: s.393

Section 194I 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 194I is CIT v. Bharti Cellular Ltd. (330 ITR 239), cited in 147 of the 477 judgments on BharatTax that turn on this section.

Leading authorities on Section 194I

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.

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.

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.

Troikaa Pharmaceuticals Ltd. v. UOI
68 Taxmann.com 299 · 2016 · High Court
34
citing judgments

An order under section 201(1) of the Income Tax Act for Assessment Year 2009-10 can be passed when the TDS statement is required to be filed.

Coforge Limited v. ACIT
436 ITR 546 · 2021 · High Court
31
citing judgments

A one-time payment of lease rent, even if commuted and discounted over a long period like 90 years, is revenue in nature and therefore an allowable business expenditure. The Assessing Officer must record satisfaction before applying Rule 8D for disallowance under Section 14A.

Rajesh Projects (India) (p.) Limited v. Commissioner of Income-tax
78 Taxmann.com 263 · 2017 · High Court
28
citing judgments

An assessee is not liable for TDS default under section 201(1) on payments to NOIDA Authority for lease rents, but the interest liability under section 201(1A) may still apply if the deductee has offered such income. However, the conclusion regarding TDS default applies prospectively.

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.

CIT v. Karnal Cooperative Sugar Mills
118 Taxmann 489 · 2001 · Supreme Court
24
citing judgments

Interest earned on funds parked in fixed deposits is considered business income if it's intrinsically linked to the assessee's business activities.

CIT v. Shahi Export House
195 Taxmann 163 · 2010 · High Court
23
citing judgments
PCIT v. Paschim GujaratVij Company Ltd.
174 Taxmann.com 748 · 2025 · High Court
17
citing judgments

Interest on staff loans earned by an electricity company is business income, not income from other sources.

Judgments on Section 194I

Vansh Project Services, Kolkata vs. ITO, (TDS) 3(3), Kolkata

Appeal is dismissed

ITA 2297/KOL/2016[2007-08]Status: DisposedITAT Kolkata05 Oct 2018AY 2007-08

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2007-08 Vansh Project Services, V/S. Income Tax Officer 73, Purna Das Road, (Tds) Ward-3(3), 10B, Kolkata-29 Middleton Row, [Pan No.Aadfv 9729 L] Kolkata-71 .. अपीलाथ" /Appellant ""यथ"/Respondent Shri K.K. Goswami, Advocate अपीलाथ" क" ओर से/By Appellant Shri A. Bhattacherjee, Addl. Cit-Dr ""यथ" क" ओर से/By Respondent 09-07-2018 सुनवाई क" तार"ख/Date Of Hearing -10-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per S.S.Godara:- This Assessee’S Appeal For Assessment Year 2007-08 Arises Against The Commissioner Of Income Tax (Appeals)-24, Kolkata’S Order Dated 24.11.2015, Passed In Case No.659/Cit(A)-24/Kol/2011-12, In Proceedings U/S. 201(1)/201(1A) Of The Income Tax Act, 1961; In Short ‘The Act’. Heard Both The Parties. Case File Perused. 2. The Assessee’S Sole Substantive Ground Pleaded In The Instant Appeal Challenges Correctness Of The Cit(A)’S Action Partly Affirming The Assessing Authority’S Findings Holding It To Be An Assessee In Default For Short Deduction Of Tds Of ₹9,48,336/- Along With Interest Of ₹4,55,207;Totalling To ₹14,03,527/-; Respectively 201(1) & 201(1A) As Follows:- “4. The Ao Has Record The Short Deduction Of Tax Us. 194I Of R.9,48,336/ & Interest Thereon Of Rs.4,55,207/- Aggregating To Rs.14,03,537/-. The Order Was Passed Ex- Parte As The Appellant Did Not Respond To The Ao'S Notice. In Appeal The Grounds Have Been Raised Against The Said Levy Of Tax & Interest. The Submissions Contained In Sof Enclosed To Form No.35 On The Point Is As Under:-

Section 194Section 194CSection 194ISection 201(1)