Section 234B of the Income Tax Act

Income-tax Act, 2025: s.424

Section 234B of the Income-tax Act, 1961 corresponds to section 424 (Interest for defaults in payment of advance tax) of the Income-tax Act, 2025.

Read section 424 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 234B is Godrej & Boyce Mfg. Co. Ltd. v. DCIT (328 ITR 81), cited in 1,183 of the 10,214 judgments on BharatTax that turn on this section.

Leading authorities on Section 234B

Godrej & Boyce Mfg. Co. Ltd. v. DCIT
328 ITR 81 · 2010 · High Court
1,183
citing judgments

Rule 8D, for computing disallowance under Section 14A for expenses related to exempt income, applies from Assessment Year 2008-09 onwards; for prior years, a reasonable disallowance must be made. The disallowance under Section 14A cannot exceed the actual exempt income earned.

Engineering Analysis Centre of Excellence (P) Ltd. v. CIT
432 ITR 471 · 2021 · Supreme Court
914
citing judgments

Payments for the supply or use of computer software, where there is no transfer of copyright but only a right to use the copyrighted product, are generally considered business profits and not 'royalty' or 'fees for technical services' under the Income Tax Act, 1961 or relevant DTAAs. This principle also applies to transponder fees, which are not taxable as royalty.

CIT v. Tata Elxsi Ltd.
349 ITR 98 · 2012 · High Court
818
citing judgments

When computing deduction under Section 10A, if communication or telecommunication expenses are excluded from export turnover, they must also be excluded from total turnover to maintain consistency and apply the ordinary meaning of 'turnover' in context.

279 ITR 331/149 Taxman 15 (Guj.); 5. CIT v. Sabari Enterprises
298 ITR 141 · 2008 · High Court
706
citing judgments

Employee contributions to provident fund or ESI, even if deposited after the due date specified in the respective welfare statutes, are allowable as a deduction under Section 36(1)(va) if paid before the due date for filing the income-tax return. This judgment aligns the treatment of employee contributions with employer contributions under Section 43B.

CIT v. Jet Airways (I) Ltd.
331 ITR 236 · 2011 · High Court
694
citing judgments

The Assessing Officer loses jurisdiction and the entire reassessment becomes invalid if no addition is made in respect of the income that formed the basis of the reopening. Explanation 3 to Section 147 does not permit assessing other escaped income unless an addition is made for the original income forming the reason to believe.

Union of India v. Azadi Bachao Andolan
263 ITR 706 · 2003 · Supreme Court
691
citing judgments

A citizen is free to carry on business within the law, and mere tax planning without a motive to evade taxes through colorable devices is not frowned upon. The liability to taxation, for the purpose of tax treaty application, is a legal situation, not the fiscal fact of actual payment.

CIT v. B.C. Srinivasa Setty
128 ITR 294 · 1981 · Supreme Court
628
citing judgments

When the cost of acquisition of a capital asset cannot be determined, the computation mechanism for capital gains fails, and thus no capital gains can be charged. This establishes a broader principle that a charging section cannot operate in the absence of specific machinery provisions for computation.

Empire Jute Co. Ltd. v. CIT
124 ITR 1 · 1980 · Supreme Court
622
citing judgments

Expenditure is classified as revenue or capital based on its practical business effect, necessity, or expediency, rather than solely on the juristic classification of rights; an enduring benefit does not automatically make an expenditure capital if it facilitates trading operations or business efficiency.

CIT v. State Bank of Bikaner & Jaipur
43 Taxmann.com 411 · 2014 · High Court
524
citing judgments

Employee contributions to provident fund, ESI, and other welfare funds, if deposited by the due date for furnishing the return of income under Section 139(1), are allowable as a deduction and cannot be disallowed under Section 36(1)(va) read with Section 2(24)(x) or Section 43B, even if deposited after the due date prescribed by the respective welfare Acts.

Essae Teraoka Pvt. Ltd. v. DCIT
366 ITR 408 · 2014 · High Court
519
citing judgments

An employer's delayed remittance of employees' contributions to provident fund (PF) or Employees' State Insurance (ESI) is deductible if the payment is made before the due date for filing the income tax return under section 139(1), applying the provisions of section 43B and notwithstanding section 36(1)(va).

Judgments on Section 234B

J K Associates, Ahmedabad vs. The ITO, Ward-4(2)(1), Ahmedabad

In the result, the appeal of the assessee is partly allowed

ITA 1200/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad05 Dec 2024AY 2017-18

Bench: Shri T.R. Senthil Kumar & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. No. 1200/Ahd/2024 ("नधा"रण वष" / Assessment Year : 2017-18) बनाम/ J K Associates Ito Vikram Plaza, Nr. Ward 4(2)(1), Ahmedabad Vs. Vishwakarma Mandir, Chandlodia, Ahmedabad - 382481 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aalfj9737G (Appellant) .. (Respondent) अपीलाथ" ओर से /Appellant By : Shri Parin Shah, A.R. ""यथ" क" ओर से/Respondent By : Shri Rignesh Das, Sr. Dr 25/11/2024 Date Of Hearing Date Of Pronouncement 05/12/2024 O R D E R Per Shri Narendra Prasad Sinha, Am: This Appeal Is Filed By The Assessee Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi, (In Short ‘The Cit(A)’), Dated 03.06.2024 For The Assessment Year 2017-18. 2. The Brief Facts Of The Case Are That No Return Of Income Was Filed By The Assessee For The A.Y. 2017-18. An Information Was Received By The Ao That The Assessee Firm Had Purchased Immovable Property Of Rs.1 Crore During The F.Y. 2016-17 Relevant To A.Y. 2017-18. In The Absence Of Any Return Filed By The Assessee, The Source Of Investment By The Assesse In The Immovable Property Remained Unexplained. Therefore, The Proceedings Under Section 147 Of The Income Tax Act, 1961 (In Short

For Appellant: Shri Parin Shah, A.RFor Respondent: Shri Rignesh Das, Sr. DR
Section 115BSection 133(6)Section 147Section 148Section 234ASection 271ASection 68

M/S Auto King, Allahabad vs. ITO, Ward-1(1), Allahabad

In the result, the appeals are allowed for statistical purposes

ITA 146/ALLD/2024[2018-19]Status: DisposedITAT Allahabad29 Nov 2024AY 2018-19

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharyita Nos.145, 146/Alld/2024 A.Ys. 2015-16 & 2018-19 M/S Auto King, Vs. Income Tax Officer, Sultanpur Khas, Mauaima, Ward-1(1), Allahabad Allahabad Pan:Aaofm6183C (Appellant) (Respondent) Assessee By: Sh. S.K. Jaiswal, C.A. Revenue By: Sh. A.K. Singh, Sr. Dr Date Of Hearing: 14.11.2024 Date Of Pronouncement: 29.11.2024 O R D E R Per Nikhil Choudhary, A.M.: These Two Appeals Have Been Filed Against The Orders Of The Ld. Cit(A), Nfac Under Section 250 Of The Income Tax Act For The Assessment Years 2015-16 & 2018-19 Vide Separate Orders Dated 31.07.2024. As The Issues Involved In These Two Appeals Are Same, The Same Are Taken Up For Disposal By Way Of Common Order. 2. The Grounds Of Appeal In Ita No. 145/Alld/2024 Are Reproduced As Under:- “1. Because The Learned Commissioner Of Income Tax (Appeals) Has Erred In Law & On Facts In Dismissing Appeal By Holding That The Appellant Is Not Keen To Pursue The Appeal Without Giving An Adequate & Effective Opportunity Of Being Heard. 2. Because The Learned Commissioner Of Income Tax (Appeals) Has Erred In Law & On Facts In Dismissing Appeal In Limine Without Giving Any Finding On The Statement Of Facts As Filed Along With Memo Of Appeal. A.Ys. 2015-16 & 2018-19 M/S Auto King

For Appellant: Sh. S.K. Jaiswal, C.AFor Respondent: Sh. A.K. Singh, Sr. DR
Section 234ASection 250Section 44ASection 69A