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

Bini Builders P. Ltd., Mumbai vs. Dy CIT-CC-7(3), Mumbai

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

ITA 1321/MUM/2021[2009-10]Status: DisposedITAT Mumbai28 Apr 2022AY 2009-10

Bench: Shri Prashant Maharishi, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No. 1321/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2009-10) बिधम/ Bini Builders Pvt. Ltd. Dcit Central Circle-7(3) 203-204, Raigad Darshan, Jp Room No.655, Aayakar Vs. Road, Andheri West, Bhawan, M. K. Road, Mumbai-400053. Mumbai-400020. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaccb3447R (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Vimal Punmiya Revenue By: Shri C. T. Mathews (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 20/04/2022 घोषणा की तारीख /Date Of Pronouncement: 28/04/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 20.05.2021 Passed By The Commissioner Of Income Tax (Appeals) -49, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2009- 10. 2. The Assessee Has Raised The Following Grounds: - “1. On The Facts & Circumstances Of The Case & In Law The Ld Cit(A) Erred In Confirming The Initiation Of The Reassessment Proceeding Under Section 147. A.Y.2009-10 2. On The Facts & Circumstances Of The Case The Ld Cit(A) Erred In Confirming & Creating Reason To Believe For Escaped Assessment U/S. 147 As There Was No Failure On Part Of Assessee To Disclose Fully & Truly Fact.

For Appellant: Shri Vimal PunmiyaFor Respondent: Shri C. T. Mathews (Sr. AR)
Section 131Section 143Section 143(2)Section 147Section 148Section 234ASection 271(1)(c)Section 3Section 68

M/S. Darshan Construction, Mumbai vs. Pr. CIT - 21, Mumbai

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

ITA 1793/MUM/2020[2014-15]Status: DisposedITAT Mumbai28 Apr 2022AY 2014-15

Bench: Shri S. Rifaur Rahman, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.1793/Mum/2020 (ननधधारण वर्ा / Assessment Years: 2014-15) बनधम/ M/S. Darshan Construction Pcit-21 Room No.364, 3Rd Floor, B-001, Siddhivinayak Vs. Darshan, Ground Floor, J.R. Aayakar Bhavan, M. K. Bricha Marg, Saatrasta, Road, Mumbai-400020. Mumbai-400011. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aacfd1634M (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee By: Shri Pramod Kumar Parida & Kiran Vadher Revenue By: Shri Sanjeev Kashyap (Dr) सुनवाई की तारीख / Date Of Hearing: 09/02/2022 घोषणा की तारीख /Date Of Pronouncement: 28/04/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 26.02.2019 Passed By The Principal Commissioner Of Income Tax-21, Mumbai [Hereinafter Referred To As The “Pcit”] Relevant To The A.Y.2014-15 In Which The Principal Commissioner Of Income Tax-21 Has Invoked The Revisional Power U/S 263 Of The I.T. Act, 1961. The Assessee Has Raised The Following Grounds Of Appeal: - 2. “1. Order U/S 263 Is Bad-In-Law & May Be Vacated: (I) The Id. Principal Commissioner Of Income Tax (Pr.Cit) Erred In Assuming Jurisdiction U/S. 263 Without Appreciating That The Original Scrutiny Assessment Order Was Neither Erroneous Nor Prejudicial To The Interest Of The Revenue As The Assessing Officer Had Passed The Same After Due Application Of Mind On The Basis Of Entire Materials Submitted Before Him; Therefore, The Impugned Order U/S. 263 Passed

For Appellant: Shri Pramod Kumar Parida &For Respondent: Shri Sanjeev Kashyap (DR)
Section 143(3)Section 154Section 234ASection 263Section 269S

M/S Belgacom International Carrier Services Sa, Bangalore vs. Deputy Commissioner of Income Tax Circle-1(1) International Taxation, Bangalore

In the result, the appeal filed by assessee stands allowed for statistical purposes

ITA 2884/BANG/2017[2008-09]Status: DisposedITAT Bangalore26 Apr 2022AY 2008-09

Bench: Shri. B.R. Baskaran & Smt. Beena Pillaiit(It)A No. 2884/Bang/2017 Assessment Year : 2008-09 M/S. Belgacom The Deputy International Carrier Commissioner Of Services Sa, Income Tax, Rue Lebeau 4, Circle -1(1), 1000 Brussels, International Taxation, Vs. Belgium. Bangalore. Appellant Respondent : Shri V. Sridharan, Senior Assessee By Advocate : Shri Pradeep Kumar, Cit-Dr & Revenue By Smt. Vandana Sagar, Cit-Dr Date Of Hearing : 16-03-2022 Date Of Pronouncement : 26-04-2022 Order Per Beena Pillaipresent Appeal Is Filed By Non Resident Assessee Against Order Dated 30.10.2017 Passed By Dcit (It), Circle -1(1), Bangalore On Following Grounds Of Appeal: “Being Aggrieved By The Order Of The Learned Dcit, Circle - 1(1), International Taxation, Bengaluru ('A0'), Read With The Order Of The Learned Dispute Resolution Panel ('Drp*), Bengaluru, The Assessee Begs To Prefer The Present Appeal On The Following Grounds: 1. The Learned Ao Erred In Exercising, Jurisdiction U/S 147 Of The Act In The Case Of The Appellant. 2. The Lower Authorities Erred In Holding That A Sum Of Rs. 6,87,13,119/- Received By The Appellant From Its Customer In India Is In The Nature Of 'Royalty' Within The Meaning Of Section 9(1)(Vi) Of The It Act & Accordingly Taxable In India Under The It Act.

For Respondent: Shri V. Sridharan, Senior
Section 143(3)Section 147Section 148Section 234ASection 234BSection 234CSection 9(1)(v)Section 9(1)(vi)Section 9(1)(vii)

M/S Parthiv Enterprises, Mumbai vs. ITO 17(2)(5), Mumbai

In the result, the appeal filed by the assessee is hereby ordered to be dismissed

ITA 4505/MUM/2019[2014-15]Status: DisposedITAT Mumbai25 Apr 2022AY 2014-15

Bench: Shri Amar Jit Singh & Shri S. Rifaur Rahmanassessment Year: 2014-15 M/S. Parthiv Enterprises, Ito-17(2)(5), 83 Ramesh Bhuvan Nakhoda Room No.123-A, 1St Floor, Street, Vs. Pydhonie, Aayakar Bhavan, Mumbai – 400 003 Mumbai – 400 020 Pan: Aaefp8201A (Appellant) (Respondent) Present For: Assessee By : None Revenue By : Shri R.A. Dhyani, Sr. A.R. Date Of Hearing : 22.03.2022 Date Of Pronouncement : 25.04.2022 O R D E R Per Amar Jit Singh: The Assessee Has Filed The Above Mentioned Appeal Against The Order Dated 11.03.2019 Passed By The Commissioner Of Income Tax (Appeals) [Hereinafter Referred To As The Ld. Cit(A)] For The Assessment Year 2014-15. 2. The Assessee Has Raised The Following Grounds: “1. The Ld. Cit(A) Erred In Disallowing The Interest Free Loans Of Rs.3,35,23,178/- Out Of Rs.12,19,54,637/- & Thereby Erred In Treating The Same As Loans Taken For Non-Business Purposes. 2. The Ld.Cit(A) Erred In Disallowing & Adding The Proportionate Interest Paid Of Rs.22,24,357/- Out Of The Total Interest Paid Of Rs.80,92,036/- To The Total Income Of The Assessee & Thereby Added The Same To The Total Income Of The Assessee & Thereby Erred In Treating The Same For Non Business Purpose. 3. The Ld. Cit(A) Erred In Confirming The Addition Of The Genuine Loan Received From The Mis K.C. Kapadia & Sons(P) Ltd Of Rs.39,34,639/- To The Total Income Of The Assessee & Thereby Erred In Treating The Same For Non-Business Purpose.

For Appellant: NoneFor Respondent: Shri R.A. Dhyani, Sr. A.R
Section 10(34)Section 143(1)Section 143(2)Section 2(22)(e)Section 234ASection 271(1)(c)Section 36(1)(iii)