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

Jagruti Bharat Shah, Mumbai vs. Income Tax Officer-19(3)(1), Mumbai

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

ITA 8226/MUM/2025[2011-12]Status: DisposedITAT Mumbai29 Jan 2026AY 2011-12

Bench: Shri Sandeep Singh Karhail & Shri Girish Agrawalassessment Year: 2011-12 Jagruti Bharat Shah Income Tax Officer-19(3)(1), 83 30 Rekha Bldg, Mumbai Vs. Rak Road, Wadala, Mumbai - 400031 [Pan: Aaqps1580D] (Appellant) (Respondent) Present For: Assessee : Mr. Dhaval Shah & Ms. Tisha Bagh, Advocates Revenue : Shri Pravin Salunkhe, Sr. Dr. Date Of Hearing : 28.01.2026 Date Of Pronouncement : 29.01.2026 O R D E R Per Girish Agrawal: This Appeal Filed By The Assessee Is Against The Order Of Addl/Jcit (A)-2, Lucknow, Vide Order No. Itba/Apl/S/250/2025- 26/1081211974(1), Dated 26.09.2025, Passed Against The Assessment Order By Income Tax Officer, Ward-19(2)(1), Mumbai, U/S. 147 R.W.S 143(3) Of The Income-Tax Act (Hereinafter Referred To As The “Act”), Dated 26.12.2018 For Assessment Year 2011-12. 2. Grounds Taken By Assessee Are Reproduced As Under: “1. The Ld. Cit(A) Has Erred In Law & In Facts In Passing The Order U/S. 250 Of The Act Dated 26.09.2025 Dismissing The Appeal Filed By The Appellant & Confirming The Order Passed By The Ld. Ao U/S 143(3) R.W.S 147 Of The Act Which Is Bad & Invalid In The Eyes Of Law. 2. The Ld. Cit(A) Has Erred In Law & In Facts In Not Appreciating That The Assessment Order Passed Is In Violation Of Principles Of Natural Justice.

For Appellant: Mr. Dhaval Shah and Ms. Tisha Bagh, AdvocatesFor Respondent: Shri Pravin Salunkhe, Sr. DR
Section 143(3)Section 147Section 234ASection 250Section 271(1)(c)Section 68Section 69C

Yogesh Jagannath Satav, Pune vs. ITO, Ward-12(4), Pune

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

ITA 2022/PUN/2025[2014-15]Status: DisposedITAT Pune28 Jan 2026AY 2014-15

Bench: Shri R.K. Panda & Ms. Astha Chandraआयकर अपील सं. / Ita No.2022/Pun/2025 धििाारण वर्ा / Assessment Year : 2014-15 Yogesh Jagannath Satav, The Income Tax Officer, Fadai Chowk, Nagar Road, Ward – 12(4), Pune Wagholi, Taluka-Haveli, Vs. Pune-412207 Pan : Bbtps3761B अपीलार्थी / Appellant प्रत्यर्थी / Respondent Assessee By : Shri Digambar Surwase Department By : Shri Manish Mehta Date Of Hearing : 20-01-2026 Date Of 28-01-2026 Pronouncement : आदेश / Order Per Astha Chandra, Jm : The Appeal Filed By The Assessee Is Directed Against The Order Dated 12.06.2025 Of The Ld. Additional/Joint Commissioner Of Income Tax (Appeals)-2, Chennai [“Addl./Jcit(A)”] Pertaining To Assessment Year (“Ay”) 2014-15. 2. The Assessee Has Raised The Following Grounds Of Appeal : “1. On The Facts & Circumstances Of The Case & In Law, The Learned Cit(A) (National Faceless Assessment Centre) Erred In Dismissing The Appeal Of Appellant Even Though Form-5 Under Direct Taxes Vivad Se Vishwas Scheme Was Not Issued The Appellant By Jurisdictional Commissioner Of Income Tax. The Appellant Prays That Appeal May Be Restored Back To File To Of Cit(A) For Hearing The Appeal On Merits. 2. On The Facts & Circumstances Of The Case & In Law, The Order Passed Under Section 250 By Cit(A) Nfac, Delhi Dismissing The Appeal Is Wholly Illegal, Unlawful & Against The Principal Of Natural Justice. The Appellant Prays For Just, Fair & Appropriate Relief. 3. On The Facts & Circumstances Of The Case & In Law, Cit(A) Nfac Erred In Not Passing A Speaking Order On The Grounds Raised By The Appellant Before Nafc. The Appellant Prays For Just, Fair & Appropriate Relief. 4. On The Facts & Circumstances Of The Case & In Law, The Appellant Prays That Appeal Deemed To Be Withdrawn, May Be Revived.

For Appellant: Shri Digambar SurwaseFor Respondent: Shri Manish Mehta
Section 143(2)Section 143(3)Section 148Section 234ASection 234BSection 250