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

M/S. Radison Projects Pvt. Ltd., Kolkata vs. I.T.O., Ward - 8(3), Kolkata

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

ITA 11/KOL/2023[2012-2013]Status: DisposedITAT Kolkata27 Mar 2023AY 2012-2013

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 11/Kol/2023 Assessment Year: 2012-13 M/S. Radison Projects Pvt. Ltd. Income Tax Officer, Ward - 8(3), 21, Camac Street Vs Kolkata Happy House Kolkata - 700016 [Pan : Aafcr7565P] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Soumitra Choudhury, Advocate & Shri Pranabesh Sarkar, Advocate Revenue By : Shri P.P. Barman, Addl. Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 02/03/2023 घोषणा क" तारीख /Date Of Pronouncement: 27/03/2023 आदेश/O R D E R Per Dr. Manish Borad: This Is The Appeal Preferred By The Assessee Against The Order Of The National Faceless Appeal Centre, Delhi (Hereinafter Referred To As The Ld. Cit(A)”], Passed U/S 250 Of The Income-Tax Act, 1961 (Hereinafter The ‘Act’), Dated 14/12/2022 For The Assessment Year 2012-13, On The Following Grounds Of Appeal:- “1. For That On The Facts Of The Case, The Order Passed By The Ld. C.I.T. (A) On 14.12.2022 Which Is Completely Arbitrary, Unjustified & Illegal. 2. For That On The Facts Of The Case, The Ld. Cit(A) Was Not Justified In Confirming The Addition Of Rs.1,37,00,000/- Made By The A.O. On Account Of Share Application Money With Share Premium By Wrongly Treating The Same As Unexplained Cash Credit U/S 68 Which Is Completely Arbitrary, Unjustified & Illegal. 3. For That On The Facts Of The Case, The Ld. Cit(A) Ought To Have Considered That The Assessee Company Had Discharged Its Onus By Furnishing All The Relevant Documents In Connection With The Share Capital Raised & Also

For Appellant: Shri Soumitra Choudhury, Advocate &For Respondent: Shri P.P. Barman, Addl. CIT, D/R
Section 143(2)Section 14ASection 234ASection 250Section 68

M/S. Varthur Foundation Trust, Bangalore vs. Income-Tax Officer (Exemptions), Ward-2, Bangalore

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

ITA 50/BANG/2023[2016-17]Status: DisposedITAT Bangalore21 Mar 2023AY 2016-17

Bench: Shri Laxmi Prasad Sahum/S Varthur Foundation Trust Vs. The Income Tax Officer No. 3 & 4, Giddens Layout (Exemptions), Ward 2 Whitefield Road, Whitefield Unity Buildings, Mission Road Bengaluru 560066 Bengaluru 560027 Pan – Aabtv4472G (Appellant) (Respondent) Assessee By: Shir B.R. Sudhendra, Ca Revenue By: Shri Ganesh R. Ghale, Standing Counsel Date Of Hearing: 20.03.2023 Date Of Pronouncement: 21.03.2023 O R D E R Per: Laxmi Prasad Sahu, A.M. This Is An Appeal Filed By The Assessee Against The Cit(A)’S Order Din & Order No. Itba/Nfac/S/250/2022-23/1057949859(1) Dated 12.12.2022 For Ay 2016-7 On The Following Grounds Of Appeal: - “1. General Ground 1.1. The Learned Deputy Commissioner Of Income Tax, Centralized Processing Centre, Bengaluru ['Dcit(Cpc)' For Short Hereinafter] Has Erred In Passing The Order Of Rectification Under Section 154 Of The Income-Tax Act, 1961 ('The Act') & The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre ["Cit(A) For Short Here In After"] Has Erred In Passing The Order Under Section 250 Of The Act, In The Manner Passed By Them. The Orders So Passed Are Bad In Law & Liable To Be Quashed.

For Appellant: Shir B.R. Sudhendra, CAFor Respondent: Shri Ganesh R. Ghale, Standing Counsel
Section 11Section 12ASection 143Section 143(1)Section 143(3)Section 154Section 234BSection 250