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

Katerra Technology Services LLP, Pune vs. Assistant Commissioner of Income-Tax, Circle -2, Pune

In the result, appeal of the assessee is allowed

ITA 629/PUN/2022[2018-19]Status: DisposedITAT Pune24 May 2023AY 2018-19

Bench: Shri Partha Sarathi Chaudhury & Shri G.D. Padmahshalikaterra Technology Services Vs Acit, Circle-2, Llp, Unit No.301 & 302, Pune. 3Rd Floor, Nextgen Avenue Building, Off Senapati Bapat Road, Shivajinagar, Bhamburda, Tq. Haveli, Pune. Pan: Aarfk 3667 L Appellant/Assessee Respondent / Revenue Assessee By : Shri Ketan Ved, Ca Revenue By : Shri Anurag Shrivastava, Cit Dr Date Of Hearing : 18/05/2023 Date Of Pronouncement : 24/05/2023 O R D E R Per Partha Sarathi Chaudhury, Jm: This Appeal Preferred By The Assessee Emanates From The Findings Of Ld.Drp-3, Mumbai-2, Dated 19.05.2022 For A.Y.2018-19 As Per The Following Grounds Of Appeal:- “The Ld. Assessing Officer ["Ao"], Ld. Transfer Pricing Officer ["Tpo"] & Hon'Ble Dispute Resolution Panel Cdrp") Erred In Law & In Fact In Assessing The Total Income Of Inr 1,71,54,680 As Against Returned Income Of Inr 88,61,750 As Computed By The Appellant In Its Return Of Income. Transfer Pricing Adjustment On Account Of The International Transaction Relating To Information Technology Enabled Services ("Ites”) - Inr 82,92,925 1. On The Facts & Circumstances Of The Case & In Law, The Order Passed Under Section 143(3) R.W.S. 144C Of The Income Tax Act, 1961 ("The Act") By The Ld.Ao Is Erroneous & Bad In Law; 2. The Ld. Ao/Tpo/ Hon'Ble Drp Has Erred In Upholding Katerra Technology Services Llp

For Appellant: Shri Ketan Ved, CAFor Respondent: Shri Anurag Shrivastava, CIT DR
Section 143(3)Section 234BSection 270A

Tdk Electronics Ag (Formerly Known As Epcos Ag), Nashik vs. Assistant Commissioner of Income Tax(International Taxation), Circle-2, Pune

In the result, appeal of the assessee stands allowed

ITA 174/PUN/2023[2020-21]Status: DisposedITAT Pune23 May 2023AY 2020-21

Bench: Shri R.S. Syal, Hon. Vice- & Shri Partha Sarathi Chaudhury, Hon.Tdk Electronics Ag Vs Acit (International (Formerly Known As Epcos Taxation), Circle-2, Ag), C/O Epcos India Pvt. Ltd., Pune. E 22-25, Midc Satpur, Nashik. Pan: Aaace 9787 H Appellant/Assessee Respondent /Revenue Assessee By : Shri Siddhesh Chaugule, Ar Revenue By : Shri M.M. Chate, Cit-Dr Date Of Hearing : 22/05/2023 Date Of Pronouncement : 23/05/2023 O R D E R Per Partha Sarathi Chaudhury, Jm: This Appeal Preferred By The Assessee Emanates From The Findings Of Ld. Drp-3, Mumbai-2, Dated 20.12.2022 For A.Y. 2020-21 As Per The Following Grounds Of Appeal: “Ground No.1 - Erroneous Levy Of Income Tax & Interest Thereon 1.1. The Assistant Commissioner Of Income-Tax (International Taxation) - Circle 2, Pune ('The Learned. Ao') Has Erred In Law & On Facts In: A. Holding That The Appellant Has A Permanent Establishment (Pe) In India & Its Income From Royalty & Fees For Technical Services (Fts) Is Taxable Under Section 115A R.W.S. 44Da Of The Income Tax Act, 196 I ('The Act'); B. Levying Income Tax Including Interest Under Section 234A & Section 234B Of The Act & Raising A Net Demand Payable Of Rs.7,22,18,080 Upon The Appellant. Ground No.2 - Non-Constitution Of Permanent Establishment ('Pe') Of The Appellant In India Tdk Electronics Ag

For Appellant: Shri Siddhesh Chaugule, ARFor Respondent: Shri M.M. Chate, CIT-DR
Section 115ASection 234ASection 234BSection 9(1)(i)

Owens Corning (Singapore) Pvt Limited, Mumbai vs. The Dy Comm of Income Tax (International Tax), Circle -3(2)(2), Mumbai

In the result, appeal of assessee is allowed

ITA 377/MUM/2023[2020-21]Status: DisposedITAT Mumbai22 May 2023AY 2020-21

Bench: Shri B.R. Baskaran & Shri Pavan Kumar Gadaleowens Corning Inc., Dy.Cit C/O-Owens Corning (International Tax), बनाम/ (India) Pvt. Ltd., 7Th Circle-3(2)(2), Vs. Floor, Alpha Building Air India Building, Hiranandani Gardens Nariman Point, Powai, Mumbai-400076. Mumbai-400021. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaaco3242R (""थ" / Respondent) (अपीलाथ" /Appellant) अपीलाथ" ओर से / Appellant By : Shri Sandeep Bhalla.Ar ""थ" की ओर से/Respondent By : Shri Soumendu Kumar Dash.Dr सुनवाई की तारीख / Date Of Hearing 10/05/2023 घोषणा की तारीख /Date Of Pronouncement 22/05/2023 आदेश / Order Per Pavan Kumar Gadale - Jm: The Assessee Has Filed The Appeal Against The Order Of Assessing Officer (“Ao”) Passed Under Section 143(3)R.W.S144C(13) Of The Income Tax Act, 1961 (“The Act”) In Pursuance To The Directions Of Ld. Dispute Resolution Panel (“Drp”) U/S 144C(5) Of The Act Dated 28.11.2022. 2. The Assessee Has Raised Following Grounds Of Appeal:- 1.0 “Re: Treating Fabrication Charges Received As 'Fees For Technical Services': 1

For Appellant: Shri Sandeep Bhalla.ARFor Respondent: Shri Soumendu Kumar Dash.DR
Section 115ASection 143(2)Section 143(3)Section 144C(5)Section 234BSection 9(1)(vii)Section 90(2)