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

Baskaran, Trichy vs. DCIT, Circle-1, Trichy

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

ITA 201/CHNY/2023[2013-14]Status: DisposedITAT Chennai09 Jun 2023AY 2013-14

Bench: Shri V. Durga Raoआयकर अपील सं./I.T.A. No.201/Chny/2023 िनधा"रण वष"/Assessment Year: 2013-14 Baskaran, Vs. The Deputy Commissioner Of 5, Ii Floor, Chitra Complex Trichy, Income Tax, Circle I, Trichy 620 002. No. 44, Williams Road, Cantonment, Thiruchirappalli 620 001. [Pan:Aadhb7838N] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri A. Sarangan, Advocate ""थ" की ओर से/Respondent By : Shri P. Sajit Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 07.06.2023 घोषणा की तारीख /Date Of Pronouncement : 09.06.2023 आदेश /O R D E R This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi Dated 22.12.2022 Relevant To The Assessment Year 2013-14. 2. Brief Facts Of The Case Are That The Assessee Has Filed The Return Of Income For The Assessment Year 2013-14 On 01.10.2013 Admitting Income Of ₹.13,23,700/-. This Case Was Selected For Scrutiny Under The Cass. A Notice Under Section 143(2) Of The Income Tax Act, 1961 [“Act” In Short] Was Issued On 02.09.2014 & Served On The Assessee On 03.09.2014. 2

For Appellant: Shri A. Sarangan, AdvocateFor Respondent: Shri P. Sajit Kumar, JCIT
Section 143(2)Section 143(3)Section 194ISection 40a

Rajesh Kumar Gupta, New Delhi vs. ITO, Ward- 42(4), New Delhi

In the result, the appeal filed by the assessee is allowed

ITA 4684/DEL/2018[2014-15]Status: DisposedITAT Delhi07 Mar 2023AY 2014-15

Bench: Shri C.M. Gargassessment Year: 2014-15 Rajesh Kumar Gupta, Vs. Ito, C-1/11, Garg Niwas, Ward-42(4), Upper Ground Floor, New Delhi. West Enclave, Pitampura, New Delhi – 110 034. Pan: Aeipg1451K (Appellant) (Respondent) Assessee By : Shri Gurjeet Singh, Ca Revenue By : Shri Om Prakash, Sr. Dr Date Of Hearing : 13.12.2022 Date Of Pronouncement : 07.03.2023 Order This Appeal Filed By The Assessee Is Directed Against The Order Of The Cit(A)-14, New Delhi, Relating To Assessment Year 2014-15. 2. The Assessee Has Raised The Following Grounds Of Appeal:- “1. Because The Action Is Being Challenged On Facts & Law, For Upholding The Addition Of Rs. 12,98,000/- On Account Of Cash Deposit In Saving Bank Account Treating The Same As Undisclosed Income. 2. Because The Action Is Being Challenged On Facts & Law, For Upholding The Addition Of Rs. 3,00,000/- Treating Gift Received By Assessee From His Mother & Utilized By Him For Tour & Travelling Expenses As Undisclosed Income. 3. Because The Action Is Being Challenged On Facts & Law, For Upholding The Addition Of Rs. 3,15,000/- Treating Rent Received From M/S Vm Rubber Industries As Undisclosed Income Whereas Per Assessee Tds Thereon Has Been Wrongly Deducted By The Tenant U/S 194J Instead Of 1941 While Filing Its Tds Return. Prayer For Any Consequential Relief And/Or Legal Claim Arising Out Of This Appeal & For Any Addition, Deletion, Amendment & Modification In The Grounds Of Appeal Before The Disposal Of The Same In The Interest Of Substantial Justice To The Assessee.”

For Appellant: Shri Gurjeet Singh, CAFor Respondent: Shri Om Prakash, Sr. DR
Section 194JSection 44A