Section 208 of the Income Tax Act

Income-tax Act, 2025: s.404

Section 208 of the Income-tax Act, 1961 corresponds to section 404 (Conditions of liability to pay advance tax) of the Income-tax Act, 2025.

Read section 404 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 208 is DIT v. Jacabs Civil Incorporated/ Mitsubhishi Corporation (330 ITR 578), cited in 115 of the 202 judgments on BharatTax that turn on this section.

Leading authorities on Section 208

DIT v. Jacabs Civil Incorporated/ Mitsubhishi Corporation
330 ITR 578 · 2011 · High Court
115
citing judgments

Interest under Section 234B is generally not leviable on non-residents whose income is subject to tax deduction at source under Section 195, provided the non-resident assessee did not induce short or non-deduction of TDS by the payer.

Principal CIT v. Reliance Capital Asset Management Limited (Bombay HC
400 ITR 217 · 2018 · High Court
28
citing judgments

An Assessing Officer (AO) must specifically record dissatisfaction with the assessee's claim for disallowance under Section 14A before applying Rule 8D for computation. The dissatisfaction of the CIT(A) or ITAT does not automatically make Rule 8D applicable.

DCIT v. Indian Oil Petronas Pvt. Ltd.
127 Taxmann.com 389 · 2021 · Reported
17
citing judgments

The Kolkata ITAT determined that the Supreme Court rulings in Tata Tea and Godrej & Boyce do not present contradictory principles regarding Section 115-O and Section 14A, holding that dividend income, though taxed under Section 115-O, is not part of the shareholder's total income under Section 10(33), but this does not absolve the taxpayer from disallowances under Section 14A.

CIT v. Tide Water Marine International Inc.
309 ITR 85 · 2009 · High Court
12
citing judgments

Interest under Section 234B is not leviable when the entire income of the assessee was deductible at source under Section 195. Provisions for advance tax under Sections 234B and 234C are not applicable if tax is deductible at source under Section 195.

Prime Securities Ltd. v. ACIT
333 ITR 464 · 2011 · High Court
8
citing judgments
139 (Madras), CIT, Meerut v. Prem Kumar
169 Taxmann 351 · 2008 · High Court
6
citing judgments
Prime Securities Ltd. v. Assistant Commissioner of Income Tax (Investigation)
20 Taxmann.com 757 · 2012 · High Court
5
citing judgments
Taxman 574 (Delhi), City Union Bank Ltd. v. Assistant Commissioner of Income Tax
116 Taxmann.com 139 · 2020 · High Court
4
citing judgments
Escorts Ltd. v. CIT
127 Taxmann 574 · 2003 · High Court
4
citing judgments

Judgments on Section 208

DDIT (It) 3(1), Mumbai vs. International Global Networks Bv, Mumbai

Appeals of the revenue are dismissed

ITA 6049/MUM/2014[2001-02]Status: DisposedITAT Mumbai26 Apr 2016AY 2001-02

Bench: Shri Saktijit Dey, Jm & Shri Rajesh Kumar, Am आमकय अऩीर सं./I.T.A. No.6046 To 6049/Mum/2014 (ननधधारण वषा / Assessment Years :1998-99 To 2001-02) Dy.Director Of Income Tax बनधम/ M/S International Global (International Taxation)-3(1), Networsk B V (Formerly Known Vs. Room No.136, As Satellite Television Asian 1St Floor, Scindia House, Region Advertising Sales Bv) N M Road, Ballard Pier, C/ Srbc & Associates Llp, 14Th Floor, The Ruby, 29, Mumbai-400038 Senapati Bapat Marg, Dadar-West, Mumbai-400028 स्थधयी ऱेखध सं./Pan : Aabc10556K (अऩीराथी /Appellant) (प्रत्मथी / Respondent) .. अऩीराथी की ओय से/Appellant By : Shri B C S Naik प्रत्मथी की ओय से/ Respondent By : Shri Divesh Chawla सुनवाई की तायीख / Date Of Hearing : 26.4.2016 घोषणा की तायीख /Date Of Pronouncement :26.4.2016 आदेश / O R D E R Per Rajesh Kumar, Am : These Are Four Appeals Filed By The Revenue Against The Common Order Dated 26.3.2014 Passed By The Ld.Cit(A)-10, Mumbai For The Assessment Years 1998-99 To 2000-2001 Challenging The Relief Given By The Ld.Cit(A) To The Assessee On The Charging Of Interest U/S 234B & 234C Of The Income Tax Act, 1961. Since Issue Involved In These Cases Is Common & Therefore, These Appeals Are Heard Together & Are Being Disposed Of By This Consolidated Order For The Sake Of Convenience. 2. We Will Deal With The Appeal Bearing No.6046/Mum/2014. The Assessee Is A Company Incorporated In The Netherlands, Sas B & Has Been Granted The Exclusive Right For The Sale Of Advertising Time (India) On The Channels On The Star Network, Sas Bv & Has Appointed News Television (India) Ltd (Ntvi) A Company Incorporated In India For Marketing Advertisings On The Channels.

For Appellant: Shri B C S NaikFor Respondent: Shri Divesh Chawla
Section 208Section 234B

DDIT (It) 3(1), Mumbai vs. International Global Networks Bv, Mumbai

Appeals of the revenue are dismissed

ITA 6048/MUM/2014[2000-01]Status: DisposedITAT Mumbai26 Apr 2016AY 2000-01

Bench: Shri Saktijit Dey, Jm & Shri Rajesh Kumar, Am आमकय अऩीर सं./I.T.A. No.6046 To 6049/Mum/2014 (ननधधारण वषा / Assessment Years :1998-99 To 2001-02) Dy.Director Of Income Tax बनधम/ M/S International Global (International Taxation)-3(1), Networsk B V (Formerly Known Vs. Room No.136, As Satellite Television Asian 1St Floor, Scindia House, Region Advertising Sales Bv) N M Road, Ballard Pier, C/ Srbc & Associates Llp, 14Th Floor, The Ruby, 29, Mumbai-400038 Senapati Bapat Marg, Dadar-West, Mumbai-400028 स्थधयी ऱेखध सं./Pan : Aabc10556K (अऩीराथी /Appellant) (प्रत्मथी / Respondent) .. अऩीराथी की ओय से/Appellant By : Shri B C S Naik प्रत्मथी की ओय से/ Respondent By : Shri Divesh Chawla सुनवाई की तायीख / Date Of Hearing : 26.4.2016 घोषणा की तायीख /Date Of Pronouncement :26.4.2016 आदेश / O R D E R Per Rajesh Kumar, Am : These Are Four Appeals Filed By The Revenue Against The Common Order Dated 26.3.2014 Passed By The Ld.Cit(A)-10, Mumbai For The Assessment Years 1998-99 To 2000-2001 Challenging The Relief Given By The Ld.Cit(A) To The Assessee On The Charging Of Interest U/S 234B & 234C Of The Income Tax Act, 1961. Since Issue Involved In These Cases Is Common & Therefore, These Appeals Are Heard Together & Are Being Disposed Of By This Consolidated Order For The Sake Of Convenience. 2. We Will Deal With The Appeal Bearing No.6046/Mum/2014. The Assessee Is A Company Incorporated In The Netherlands, Sas B & Has Been Granted The Exclusive Right For The Sale Of Advertising Time (India) On The Channels On The Star Network, Sas Bv & Has Appointed News Television (India) Ltd (Ntvi) A Company Incorporated In India For Marketing Advertisings On The Channels.

For Appellant: Shri B C S NaikFor Respondent: Shri Divesh Chawla
Section 208Section 234B

DDIT (It) 3(1), Mumbai vs. International Global Networks Bv, Mumbai

Appeals of the revenue are dismissed

ITA 6047/MUM/2014[1999-00]Status: DisposedITAT Mumbai26 Apr 2016AY 1999-00

Bench: Shri Saktijit Dey, Jm & Shri Rajesh Kumar, Am आमकय अऩीर सं./I.T.A. No.6046 To 6049/Mum/2014 (ननधधारण वषा / Assessment Years :1998-99 To 2001-02) Dy.Director Of Income Tax बनधम/ M/S International Global (International Taxation)-3(1), Networsk B V (Formerly Known Vs. Room No.136, As Satellite Television Asian 1St Floor, Scindia House, Region Advertising Sales Bv) N M Road, Ballard Pier, C/ Srbc & Associates Llp, 14Th Floor, The Ruby, 29, Mumbai-400038 Senapati Bapat Marg, Dadar-West, Mumbai-400028 स्थधयी ऱेखध सं./Pan : Aabc10556K (अऩीराथी /Appellant) (प्रत्मथी / Respondent) .. अऩीराथी की ओय से/Appellant By : Shri B C S Naik प्रत्मथी की ओय से/ Respondent By : Shri Divesh Chawla सुनवाई की तायीख / Date Of Hearing : 26.4.2016 घोषणा की तायीख /Date Of Pronouncement :26.4.2016 आदेश / O R D E R Per Rajesh Kumar, Am : These Are Four Appeals Filed By The Revenue Against The Common Order Dated 26.3.2014 Passed By The Ld.Cit(A)-10, Mumbai For The Assessment Years 1998-99 To 2000-2001 Challenging The Relief Given By The Ld.Cit(A) To The Assessee On The Charging Of Interest U/S 234B & 234C Of The Income Tax Act, 1961. Since Issue Involved In These Cases Is Common & Therefore, These Appeals Are Heard Together & Are Being Disposed Of By This Consolidated Order For The Sake Of Convenience. 2. We Will Deal With The Appeal Bearing No.6046/Mum/2014. The Assessee Is A Company Incorporated In The Netherlands, Sas B & Has Been Granted The Exclusive Right For The Sale Of Advertising Time (India) On The Channels On The Star Network, Sas Bv & Has Appointed News Television (India) Ltd (Ntvi) A Company Incorporated In India For Marketing Advertisings On The Channels.

For Appellant: Shri B C S NaikFor Respondent: Shri Divesh Chawla
Section 208Section 234B

DDIT (It) 3(1), Mumbai vs. International Global Networks Bv, Mumbai

Appeals of the revenue are dismissed

ITA 6046/MUM/2014[1998-99]Status: DisposedITAT Mumbai26 Apr 2016AY 1998-99

Bench: Shri Saktijit Dey, Jm & Shri Rajesh Kumar, Am आमकय अऩीर सं./I.T.A. No.6046 To 6049/Mum/2014 (ननधधारण वषा / Assessment Years :1998-99 To 2001-02) Dy.Director Of Income Tax बनधम/ M/S International Global (International Taxation)-3(1), Networsk B V (Formerly Known Vs. Room No.136, As Satellite Television Asian 1St Floor, Scindia House, Region Advertising Sales Bv) N M Road, Ballard Pier, C/ Srbc & Associates Llp, 14Th Floor, The Ruby, 29, Mumbai-400038 Senapati Bapat Marg, Dadar-West, Mumbai-400028 स्थधयी ऱेखध सं./Pan : Aabc10556K (अऩीराथी /Appellant) (प्रत्मथी / Respondent) .. अऩीराथी की ओय से/Appellant By : Shri B C S Naik प्रत्मथी की ओय से/ Respondent By : Shri Divesh Chawla सुनवाई की तायीख / Date Of Hearing : 26.4.2016 घोषणा की तायीख /Date Of Pronouncement :26.4.2016 आदेश / O R D E R Per Rajesh Kumar, Am : These Are Four Appeals Filed By The Revenue Against The Common Order Dated 26.3.2014 Passed By The Ld.Cit(A)-10, Mumbai For The Assessment Years 1998-99 To 2000-2001 Challenging The Relief Given By The Ld.Cit(A) To The Assessee On The Charging Of Interest U/S 234B & 234C Of The Income Tax Act, 1961. Since Issue Involved In These Cases Is Common & Therefore, These Appeals Are Heard Together & Are Being Disposed Of By This Consolidated Order For The Sake Of Convenience. 2. We Will Deal With The Appeal Bearing No.6046/Mum/2014. The Assessee Is A Company Incorporated In The Netherlands, Sas B & Has Been Granted The Exclusive Right For The Sale Of Advertising Time (India) On The Channels On The Star Network, Sas Bv & Has Appointed News Television (India) Ltd (Ntvi) A Company Incorporated In India For Marketing Advertisings On The Channels.

For Appellant: Shri B C S NaikFor Respondent: Shri Divesh Chawla
Section 208Section 234B