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

Mafaji Umedaji Jat, Deesa vs. The Income Tax Officer, Ward-1, Palanpur

In the result, the appeal of the Assessee is treated as allowed for statistical purposes

ITA 940/AHD/2023[2016-17]Status: DisposedITAT Ahmedabad15 Jul 2024AY 2016-17

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokar, Accountnat Member आयकर अपील सं /Ita No.940/Ahd/2023 "नधा"रण वष" /Assessment Year : 2016-17 Mafaji Umedaji Jat The Income Tax Officer At Rampura बनाम/ Ward-1 Po Rampura, Tal.Deesa Palanpur 385 001 V/S. Banaskantha – 385 535 Dist. Banaskantha (Gujarat) "थायी लेखा सं./Pan: Akipj 4846 K (अपीलाथ"/ Appellant) ….. ("" यथ"/ Respondent) Assessee By : Shri S.N. Divatia & Shri Samir Vora, Ars Revenue By : Shri Ashok Kumar Suthar, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 11/07/2024 घोषणा क" तार"ख /Date Of Pronouncement: 15/07/2024 आदेश/O R D E R Per Shri Makarand V. Mahadeokar, Am: This Appeal Is Filed By The Assessee As Against The Order Dated 29/09/2023 Passed By The Ld.Commissioner Of Income-Tax (Appeals)- National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As “Cit(A)” In Short], Arising Out Of The Assessment Order Dated 24/03/2022 Passed By The Assessing Officer (Ao) Under Section 147 R.W.S.144 Read With Mafaji Umedaji Jat Vs. Ito Asst. Year : 2016-17

For Appellant: Shri S.N. Divatia &For Respondent: Shri Ashok Kumar Suthar, Sr.DR
Section 139(4)Section 142(1)Section 143(2)Section 144BSection 147Section 148Section 68

Bajrang Lal Muhal, Ghaziabad vs. ITO, Ward 2(1)(5), Ghaziabad

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 2408/DEL/2023[2012-13]Status: DisposedITAT Delhi11 Jul 2024AY 2012-13

Bench: Shri Shamim Yahyabajrang Lal Muhal, Vs. Ito, Ward 2(1)(5), 973/B, Shalimar Garden Extn. 1, Ghaziabad. Sahibabad, Ghaziabad – 201 005 (Uttar Pradesh). (Pan : Aompm4148M) (Appellant) (Respondent) Assessee By : Shri Deepak Upadhyay, Ca Revenue By : Shri Om Prakash, Sr. Dr Date Of Hearing : 08.07.2024 Date Of Order : 11.07.2024 Order This Appeal By The Assessee Is Directed Against The Order Of The Ld. Cit (Appeals)/National Faceless Appeal Centre (Nfac) Dated 10.06.2023 For The Assessment Year 2012-13. 2. Grounds Of Appeal Taken By The Assessee Read As Under :- “1. The Assessment Order Passed By Ld. Assessing Officer Is Bad In Law. 2. The Assessing Officer (Ao) Has Erred In Making Addition Of Rs.10,19,548/- As Unexplained Investment Without Considering The Fact, Circumstances & Materials Available On Record. 3. Hon’Ble Cit (A) Has Erred In Confirming The Assessment Order Passed By Assessing Officer Without Considering The Fact, Circumstances & Material Available On Record.” 3. At The Outset, It Is Noted That There Is A Delay Of 15 Days In Filing The Appeal. The Delay Is Attributable Due To The Health Problem Of The Legal

For Appellant: Shri Deepak Upadhyay, CAFor Respondent: Shri Om Prakash, Sr. DR
Section 133(6)Section 142(1)Section 144Section 147Section 148Section 234ASection 271(1)(c)Section 69

Mahendrabhai Shantilal Patel, Ahmedabad vs. DCIT, Central Circle-1(3), Ahmedabad

In the result, the appeal of the assessee in ITA No

ITA 405/AHD/2019[2010-11]Status: DisposedITAT Ahmedabad10 Jul 2024AY 2010-11

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokar, Accountnat Member आयकर अपील सं /Ita No.405/Ahd/2019 "नधा"रण वष" /Assessment Year : 2010-11 Mahendrabhai Shantilal Patel The Dy.Cit D-41, Sahjanand Apartment बनाम/ Central Circle-1(3) Nr. Sterling Hospital Ahmedabad V/S. Gurukul Road,Memnagar Ahmedabad – 380 052 "थायी लेखा सं./Pan: Ayvpp 7593 G अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Vijay H. Patel, Ar (Written Submission) Revenue By : Shri Samir Tekriwal, Cit-Dr सुनवाई क" तार"ख/Date Of Hearing : 04/07/2024 घोषणा क" तार"ख /Date Of Pronouncement: 10/07/2024 आदेश/O R D E R Per Shri Makarand V. Mahadeokar, Am: This Appeal Is Filed By The Assessee As Against The Order Passed By The Ld.Commissioner Of Income-Tax(Appeals)-12, Ahmedabad [Hereinafter Referred To As “The Ld.Cit(A)”], Dated 20/12/2018, Arising Out Of The Assessment Order Passed By The Assessing Officer (Ao) Under Section 143(3) R.W.S.147 Of The Income Tax Act, 1961 (Hereinafter Referred To As "The Act") Dated 28/12/2017 Relevant To The Assessment Year (Ay) 2010-11. Mahendrabhai Shantilal Patel Vs. Dcit Asst. Year : 2010-11

For Appellant: Shri Vijay H. Patel, AR (Written submission)For Respondent: Shri Samir Tekriwal, CIT-DR
Section 132Section 132(4)Section 139Section 143(3)Section 148Section 234ASection 271(1)Section 68Section 69A