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

Assistant Commissioner of Income Tax, (It-4(1)(1), Mumbai vs. Reliance Globalcom Limited, Bermuda, Mumbai

In the result, appeal of the assessee is partly allowed and appeal of the revenue is dismissed

ITA 5881/MUM/2017[2013-14]Status: DisposedITAT Mumbai27 Mar 2019AY 2013-14

Bench: Shri M.Balaganesh, Am & Shri Ravish Sood, Jm Assistant Commissioner Of Vs. M/S. Reliance Globalcom Ltd., Income Tax (It)-4 (1)(1), Bermuda C/O. Jitendra Mumbai, Room No.1712, Sanghavi & Co., 17Th Floor, Air India Building, 706A, Moti Mahal Nariman Point, Mumbai – 195J, Tata Road 400 021 Churchgate, Mumbai – 400 020 Pan/Gir No. Aaacf4015D (Appellant) .. (Respondent) M/S. Reliance Globalcom Vs. Assistant Commissioner Of Income Ltd., Tax (It)-4 (1)(1), Mumbai, Room No.1712, 17Th Floor, Bermuda C/O. Jitendra Sanghavi & Co., Air India Building, 706A, Moti Mahal Nariman Point, Mumbai – 400 021 195J, Tata Road Churchgate, Mumbai – 400 020 Pan/Gir No. Aaacf4015D (Appellant) .. (Respondent) Revenue By Shri Nishant Samaiya Assessee By Shri Jitendra Sanghavi Date Of Hearing 14/03/2019 Date Of Pronouncement 27/03/2019 आदेश / O R D E R Per M. Balaganesh (A.M): These Cross Appeals Filed By Assessee & Revenue Are Directed Against The Order Of Commissioner Of Income Tax (Appeals)-58, Mumbai M/S. Reliance Globalcom Ltd., Bermuda [Hereinafter Referred To As The Ld Cita], Dated 19/06/2017 For A.Y.2013- 14 In The Matter Of Order Passed U/S.143(3) R.W.S. 144C(13) Of The Income Tax Act. These Cross Appeals Are Taken Up Together & Disposed Off By This Common Order For The Sake Of Convenience.

Section 133(6)Section 143(3)Section 9(1)(vii)

The Beml Employees Co-Operative Society Ltd, Bengaluru vs. Income Tax Officer, Ward-4(2)(2), Bengaluru

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

ITA 1107/BANG/2018[2013-14]Status: DisposedITAT Bangalore22 Mar 2019AY 2013-14

Bench: Shri Arun Kumar Garodia & Shri Laliet Kumarassessment Year : 2013-14 M/S. The Beml Employees Co-Operative Society Ltd., The Income Tax M/S. Beml Bengaluru Officer, Vs. Complex, New Thippasandra, Ward 4 [2] [2], Bangalore – 560 075. Bangalore. Pan: Aaalt0689E Appellant Respondent Assessee By : Shri Narendra Sharma, Advocate Revenue By : Shri R.N. Siddappaji, Addl. Cit (Dr) Date Of Hearing : 12.03.2019 Date Of Pronouncement : 22.03.2019 O R D E R Per Shri A.K. Garodiathis Appeal Is Filed By The Assessee & The Same Is Directed Against The Order Of Ld. Cit(A)-4, Bangalore Dated 31.01.2018 For Assessment Year 2013-14. 2. The Grounds Raised By The Assessee Are As Under. “1. The Order Of The Learned Commissioner Of Income-Tax [Appeals] 4 [Hereinafter Called Short Cit(A)], Bengaluru In So Far It Is Against The Appellant Society Is Opposed To Law, Weight Of Evidence, Facts & Circumstances Of The Appellant Society'S Case. 2. The Ex-Parte Order Passed By The Learned Cit(A) Is Bad In Law As The Appellant Society Was Not Afforded A Reasonable Opportunity Of Hearing, Which Is In Grave Violation Of Principles Of Natural Justice On The Facts & Circumstances Of The Case. 3. The Appellant Society No Assessable Income/Loss Of The Residential Layout Activities Transaction & Carried Out For No Gain/Loss Basis & U/S. 50C Of The Income Tax Act, 1961. (Hereinafter Called As Short Act) Not Applicable For Treating A Special Provision For Full Value Of Consideration On The Facts & Circumstances Of The Case. 4. The Learned Cit (A), Is Not Justified In Law In Law In Confirming The Addition Made By The Learned Assessing Officer Of Rs. 1,34,08,000, Being Income Of Long Term Capital Gains Under The Provisions Of Section 50C Of The Act, On The Facts & Circumstances Of The Case. Page 2 Of 3

For Appellant: Shri Narendra Sharma, AdvocateFor Respondent: Shri R.N. Siddappaji, Addl. CIT (DR)
Section 234BSection 50C