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

Francis Vamanrao Sansare, Ahmednagar vs. Income-Tax Officer, Ward 1(1), Thane

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

ITA 594/PUN/2020[2011-12]Status: DisposedITAT Pune28 Jul 2022AY 2011-12

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकरअपीलसं. / Ita No.594/Pun/2020 िनधा"रणवष" / Assessment Year : 2011-12 Francis Vamanrao Sansare, The Income Tax Officer, G/2, Navjanki C Hs Ltd., Vs Ward-1(1), Thane. Near Shani Mandir Katemanivali Kalyan (E) – 421306. Pan: Avxps 1046 A Appellant/ Assessee Respondent /Revenue Assessee By Shri M K Kulkarni – Ar Revenue By Shri S P Walimbe – Dr Date Of Hearing 23/06/2022 Date Of Pronouncement 28/07/2022 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Directed Against The Ex-Parte Order Of Ld.Commissioner Of Income Tax(Appeals)-1, Nashik Dated 22.09.2020 Under Section 144 Of The Income-Tax Act, 1961 (Hereinafter Also Called As ‘The Act’) For The Assessment Year 2011-12. The Assessee Has Raised The Following Grounds Of Appeal: “1. On The Facts & In The Circumstances Of The Case & In Law The Appeal Was Heard & Decided By Ld. Cit(A) On The Basis Of Written Submissions As Appellant-Assessee Could Not Remain Physically Present Due To Suffering From His Long & Deadly Decease. The Ld. Cit(A) Was Informed About This In His Written Submissions. The Written Submissions Have Not Been Properly Appreciated. The Appeal Order Be Set Aside To Provide One More Opportunity To His Advocate For Explanation & Submissions. 2. On The Facts & In The Circumstances Of The Case & In Law The Assessee Is Only Salaried Person & Has No Other Source Of Income. The A. 0. Made Addition Of Rs. 60,31,960/- Under S. 69A Of The Act

Section 144Section 234BSection 234CSection 69A

Red Hat India P.Ltd, Mumbai vs. DCIT, Circle 15(3)(1), Mumbai

In the result, all the appeals filed by the assessee are partly allowed and all the appeals filed by the revenue are dismissed

ITA 5831/MUM/2017[2006-07]Status: DisposedITAT Mumbai28 Jul 2022AY 2006-07

Bench: Shri Amit Shukla, Jm & Shri S. Rifaur Rahman, Am 1. आयकरअपीलसं./ I.T.A. No. 5831/Mum/2017 (ननधधारणवर्ा / Assessment Year: 2006-07) 2. आयकरअपीलसं./ I.T.A. No. 5833/Mum/2017 (ननधधारणवर्ा / Assessment Year: 2009-10) 3. आयकरअपीलसं./ I.T.A. No. 5834/Mum/2017 (ननधधारणवर्ा / Assessment Year: 2010-11) Dcit Cir-15(3)(1), M/S Red Hat India Pvt. Ltd. Aayakar Bhavan, A 201, Supreme Business Park, बनाम/ Mumbai-400 020 Supreme City, Hiranandani Vs. Gardens, Powai, Mumbai-400 076 स्थधयीलेखधसं./जीआइआरसं./ Pan No. Aabcr7097N (अपीलधथी/Appellant) (प्रत्यथी / Respondent) : & 5. आयकरअपीलसं./ I.T.A. No. 6034/Mum/2017 (ननधधारणवर्ा / Assessment Year: 2006-07) 6. आयकरअपीलसं./ I.T.A. No. 6036/Mum/2017 (ननधधारणवर्ा / Assessment Year: 2009-10) 7. आयकरअपीलसं./ I.T.A. No. 6037/Mum/2017 (ननधधारणवर्ा / Assessment Year: 2010-11) M/S Red Hat India Pvt. Ltd. Dcit Cir-15(3)(1), R. No. 473, Aayakar A 201, Supreme Business बनाम/ Bhavan, New Marine Lines, Park, Supreme City, Vs. Mumbai-400 020 Hiranandani Gardens, Powai, Mumbai-400 076 स्थधयीलेखधसं./जीआइआरसं./ Pan No. Aabcr7097N (अपीलधथी/Appellant) (प्रत्यथी / Respondent) :

For Appellant: Shri Ajit Jain & Shri SiddeshFor Respondent: Ms. Bharati Singh, Ld. DR
Section 143(3)Section 147Section 234ASection 9(1)(vi)