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

The Excutive Board of the Methodist Church in India, Mumbai vs. Asst DIT (E) 1(2), Mumbai

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

ITA 3341/MUM/2016[2005-06]Status: DisposedITAT Mumbai01 Mar 2018AY 2005-06

Bench: Shri Shamim Yahya, Am & Shri Amarjit Singh, Jm आयकर अपील सं./I.T.A. No. 3341/Mum/2016 ("नधा"रण वष" / Assessment Year: 2005-06) The Executive Board Of The Methodist Asst. Dit (Exemptions)-1(2), 5Th Floor, Piramal Chambers, Church In India बनाम/ 1, Prospect Chambers, Ground Floor, Lalbaug, Parel, Mumbai-400 012 Vs. 313, D. N. Road, Flora Fountain, Fort, Mumbai-400 001 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaatt 5754 E (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : Shri Shankar K. Jalghar ""यथ" क" ओर से/Respondent By : Shri Rajat Mittal सुनवाई क" तार"ख / : 13.02.2018 Date Of Hearing घोषणा क" तार"ख / : 01.03.2018 Date Of Pronouncement आदेश / O R D E R Per Shamim Yahya, A. M.: This Appeal By The Assessee Is Directed Against The Order By The Commissioner Of Income Tax (Appeals) Dated 02.03.2016 & Pertains To The Assessment Year 2005- 06. 2. The Grounds Of Appeal Read As Under: 1. Ground No. 1 - Re: Reopening Of Assessment For Assessment Year 2005- 06 Is Invalid & The Consequent Re-Assessment Is Illegal:

For Appellant: Shri Shankar K. JalgharFor Respondent: Shri Rajat Mittal
Section 11Section 11(2)Section 12ASection 147Section 148Section 151(2)Section 50C

Nyka Steels P.Ltd, Mumbai vs. ACIT Panvel, Panvel

In the result, this appeal by the assessee stands partly allowed

ITA 3737/MUM/2016[2009-10]Status: DisposedITAT Mumbai01 Mar 2018AY 2009-10

Bench: Shri Shamim Yahya, Am & Shri Ram Lal Negi, Jm आयकर अपील सं./I.T.A. No. 3737/Mum/2016 ("नधा"रण वष" / Assessment Year: 2009-10) M/S. Nyka Steels Pvt. Ltd. Asst. Cit, Panvel Circle, बनाम/ C-17/6, Midc, Taloja Area, Panvel Vs. Panvel, Dist. Raigad "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aacfn 7647 L (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : None ""यथ" क" ओर से/Respondent By : Shri Ram Tiwari सुनवाई क" तार"ख / : 10.01.2018 Date Of Hearing घोषणा क" तार"ख / : 01.03.2018 Date Of Pronouncement आदेश / O R D E R Per Shamim Yahya, A. M.: This Appeal By The Assessee Is Directed Against The Order By The Commissioner Of Income Tax (Appeals) Dated 21.03.2016 & Pertains To The Assessment Year 2009- 10. 2. The Grounds Of Appeal Read As Under: 1. On The Facts & Circumstances Of The Case & Law, The Ld. Cit(A) Erred In Confirming The Reassessment Proceeding Initiated U/S 147 By Issuing Notice U/S 148 Of Income Tax Act, 1961. 2 M/S. Nyka Steels Pvt. Ltd. Vs. Asst. Cit 2. On The Facts & Circumstances Of Case & Law, The Ld. Cit(A) Erred In Confirming Disallowance Of Genuine Purchases Of Rs.1,51,97,687/- As Bogus Purchase From Suspicious Parties. 3. On The Facts & Circumstances Of Case & Law, The Ld. Cit(A) Erred In Confirming Levy Of Interest U/S 234B & 234C Of Income Tax Act. 4. On The Facts & Circumstances Of Case & Law, The Ld. Cit(A) Erred In Confirming The Initiation Of Penalty Proceeding U/S 271Fl)(C) Of Income Tax Act, 1961. 3. Brief Facts Of The Case Are That The E-Return Of Income Was Filed On 12.09.2009 Declaring Total Income Of Rs.2,15,41,380/-. Scrutiny Under Section 143(3) Was Completed On 13.12.2011 Determining Total Income Of Rs 2,23,69,210/-. Subsequently

For Appellant: NoneFor Respondent: Shri Ram Tiwari
Section 133(6)Section 143(3)Section 147Section 148Section 234BSection 271f

ITO WD-1(5), Jamshedpur vs. Shri Ashok Agarwal, Jamshedpur

In the result, the appeal of the revenue is dismissed

ITA 299/RAN/2016[2009-10]Status: DisposedITAT Ranchi28 Feb 2018AY 2009-10

Bench: Hon’Ble Shri J. Sudhakar Reddy] I.T.A. No. 299/Ran/2016 Assessment Year : 2009-10 Income Tax Officer...........................................................................................................Appellant Ward No. 1(5), 47, C.H. Area, Jamshedpur – 831 001. Shri Ashok Agarwal...................…………………………………….....................................Respondent Mahato Para Road,Jugsalai, Jamshedpur – 831 001. [Pan: Akfpa 5902 J] Appearances By: Shri P.K. Mondal, Jcit Appearing On Behalf Of The Revenue. Shri Devesh Poddar, Advocatel Appearing On Behalf Of The Assessee. Date Of Concluding The Hearing : February 22, 2018 Date Of Pronouncing The Order : February 28 , 2018 Order This Is An Appeal Filed By The Revenue Directed Against The Order Of Cit (Appeals) Jamshedpur Dated 16.08.2016 For The Assessment Year 2009-10. 2. The Issue Is Whether Interest U/S 234A & 234B Is To Be Levied Only On The Total Income Disclosed By The Assessee In The Return Of Income Or On The Total Income Determined By The A.O. In The Assessment Order I.E. Assessed Income. The Hon’Ble Jharkhand High Court In T.A. No. 38 Of 2010 Order Dated 25Th July, 2012 In The Case Of Ajay Prakash Verma Vs. Ito, Dhanbad Reported In 2013(1) Tmi 140 Has Held That Interest U/S 234A & 234B Can Be Levied Only On The Income Declared By The Assessee In The Return Of Income. The Hon’Ble Jharkhand High Court In I.A. No. 5725 Of 2014 In Civil Review No. 66

Section 234A