Section 234C of the Income Tax Act

Income-tax Act, 2025: s.425

Section 234C of the Income-tax Act, 1961 corresponds to section 425 (Interest for deferment of advance tax) of the Income-tax Act, 2025.

Read section 425 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 234C is CIT v. Tata Elxsi Ltd. (349 ITR 98), cited in 818 of the 6,043 judgments on BharatTax that turn on this section.

Leading authorities on Section 234C

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.

Rotork Controls India Pvt. Ltd. v. CIT
314 ITR 62 · 2009 · Supreme Court
739
citing judgments

A provision for expenses, such as warranty, is a deductible liability for income tax purposes if it constitutes a present obligation arising from past events, and a reliable estimate of the amount of obligation is possible.

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).

CIT v. Anjum M.H. Ghaswala
252 ITR 1 · 2001 · Supreme Court
452
citing judgments

Levy of interest under sections 234A, 234B, and 234C of the Income Tax Act is mandatory. Tax statutes are to be interpreted strictly, allowing no room for purposive interpretation.

CIT v. EKL Appliances Ltd.
345 ITR 241 · 2012 · High Court
422
citing judgments

Transfer pricing adjustments for outstanding receivables are permissible only if the Tax Officer establishes, through analysis over a period, a pattern indicating an international transaction intended to benefit an associated enterprise. The Tax Officer cannot question purely business decisions like royalty payments or exceed jurisdiction by applying cost-benefit analysis to determine the arm's length price of services.

India Vs. Azadi Bachao Andolan 263 ITR 706 (SC); and Vodafone International Holdings B.V v. Union of India
341 ITR 1 · 2012 · Supreme Court
295
citing judgments

Legitimate tax planning is permissible, allowing taxpayers to arrange their affairs to minimize tax liabilities while respecting the "look at test" for transaction genuineness and the separate entity principle in corporate taxation. The source of funds for treaty-beneficial structures does not automatically invalidate the transaction.

CIT v. Cotton Naturals (I) (P.) Ltd.
55 Taxmann.com 523 · 2015 · High Court
273
citing judgments

The interest rate for benchmarking foreign currency loans advanced to Associated Enterprises should be the market-determined rate applicable to the currency of the loan, such as LIBOR for US Dollar loans, rather than a domestic lending rate like the Indian PLR.

DIT v. Infrasoft Ltd.
39 Taxmann.com 88 · 2013 · High Court
269
citing judgments

Payments for the use of copyrighted software, without the transfer of any rights in the underlying copyright itself, do not constitute 'royalty' under the Income-tax Act or tax treaties. Such payments are often treated as business income, taxable only if a permanent establishment exists.

M/s Mahadev Cold Storage v. Jurisdictional AO
43 Taxmann.com 33 · 2014 · High Court
262
citing judgments

Employees' contributions to welfare funds are an allowable deduction if paid before the due date for filing the income-tax return under section 139(1), even if the payment is made beyond the due date specified by the respective welfare fund Acts, as per the provisions of section 43B.

Judgments on Section 234C

Amey Madhav Baitule, India vs. ITO Ward 3(1), Kalyan

ITA 8671/MUM/2025[2020-2021]Status: DisposedITAT Mumbai17 Aug 2026AY 2020-2021

Bench: Shri Pawan Singh & Shri Girish Agrawal(Physical Hearing) Amey Madhav Baitule Ito, Ward – 3(1), Kalyan 01 Plot No. Rm 25, Kasturi Shilp, Vs Rani Mansion, Kalyan, Kalyan- Milap Nagar, Midc Residential Dombivali, Maharashtra – 421301. Zone, Dombivali, Thane, Maharashtra – 421203. [Pan: Bbupb5254K] Appellant / Assessee Respondent / Revenue Assessee By Shri Sanjiv Brahme, Ca Revenue By Shri Surendra Mohan, Sr. Dr Date Of Hearing 18.05.2026 Date Of Pronouncement 17.08.2026 Order Under Section 254(1) Of Income Tax Act Per Pawan Singh; 1. This Appeal By Assessee Is Directed Against The Order Of Ld. Cit(A)/ Nfacdated 28.10.2025 For Assessment Year (Ay) 2020-21. The Assessee Has Raised Following Grounds Of Appeal: “1. The Cit (Appeal) Has Failed To Consider The Legal Point Raised By The Appellant That Notice U/S.148 Was Bad-In-Law & Has Been Done Mechanically. 2. The Cit (Appeal) Has Erred In Ignoring Our Point With Regards To Approval By Prcit. 3. The Cit (Appeal) Has Failed To Consider The Contention Of The Appellant That The Notice U/S 148 Is Bad In Law Since The Assessing Officer Has Not Received Any Fresh Material & He Had Earlier Issued Notice For Ay 2019-20, Which He Had Dropped 4. The Notice U/S 148 Is Bad In Law As The Approval Was Given By Prcit, Mechanically. Prcit-1 Has Given Earlier Approval For Previous Assessment Year 2019-20 & After Being Pointing Out The Flaws, The Assessing Officer Amey Madhav Baitule

Section 115JSection 143Section 143(2)Section 147Section 148Section 151Section 254(1)Section 271ASection 69

Ntt India Private Limited, Mumbai vs. ITO, Mumbai

In the result, Ground No. 3 of the assessee's appeal is allowed for statistical purposes

ITA 6377/MUM/2024[2021-22]Status: DisposedITAT Mumbai17 Aug 2026AY 2021-22

Bench: Shri Pawan Singh & Shri Girish Agrawal(Physicalhearing) Ntt India Private Limited Dcit – 14(1)(1), Mumbai Art Guild House, B Wing, 4Th Floor, Vs Aayakar Bhawan, M.K. Road, Unit No. Fof-B-08-10 & 10A, Mumbai – 400020. Phoenix Market City, Lbs Marg, Kurla West, Mumbai – 400070. [Pan: Aaacd2145G] Appellant / Assessee Respondent / Revenue Assessee By Shri Vijay Mehta, Ca & Ms. Maitri Pujara, Ca Revenue By Shri Pankaj Kumar,Cit-Dr Date Of Hearing 18.05.2026 Date Of Pronouncement 17.08.2026 Order Under Section 254(1) Of Income Tax Act Per Pawan Singh; 1. This Appeal By Assessee Is Directed Against The Order Of Ld. Cit(A)Dated 09.10.2024 For Assessment Year (Ay) 2020-21. The Assessee Has Raised Following Grounds Of Appeal: 1. Ground No. 1: Transfer Pricing Adjustment Of Inr 112,92,51,158/-On Account Of Payment Of Management Fees: 1.1. On The Facts & In The Circumstances Of The Case & In Law, The Hon'Ble Dispute Resolution Panel ('Drp') / Learned Transfer Pricing Officer ('Ld. Tpo') / Learned Assessing Officer ('Ld. Ao') Have Erred, In Making Transfer Pricing Adjustment Of Inr 112,92,51,158/- To The Value Of International Transactions In Respect Of Payment Of Management Fees To Its Associate Enterprise ('Ae') I.E. Ntt Asia Pacific Holdings Pte. Ltd. ('Ntt Asia'). 1.2. The Hon'Ble Drp / Ld. Tpo/Ld. Ao Have Erred In Law By Considering Management Fees Paid As A Separate Class Of Transaction & Segregating It For Benchmarking Purposes. Ntt India Private Limited

Section 143(1)Section 254(1)Section 37

Jay Maulesh Ukani, Rajkot vs. The Income Tax Officer, Ward - 2(1)(2), Rajkot

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

ITA 95/RJT/2025[2013-14]Status: DisposedITAT Rajkot10 Aug 2026AY 2013-14

Bench: Dr. Arjun Lal Saini & Shri Sonjoy Sarmaआयकरअपीलसं./Ita No. 95/Rjt/2025 [ "नधा"रणवष"/Assessment Year: 2013-14 ] Jay Maulesh Ukani, The Income Tax Officer, Pushkar, 15-B, Panchwati Ward -2(1)(2), Rajkot Vs. Society, Kalawad Road, Aayakar Bhavan Race Course Rajkot 360005, Gujarat Ring Road, Rajkot Gujarat-360001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Adfpu9062J (अपीलाथ"/Assessee) (""यथ"/Respondent) Assessee By : Shri D. M. Rindani, Ld. Ar Respondent By : Shri Anadi Dixit, Ld. Sr. Dr Date Of Hearing : 10/06/2026 10/08/2026 Date Of Pronouncement : Order Per, Dr. Arjun Lal Saini, Am: Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year (Ay) 2013-14, Is Directed Against The Order Under Section 250 Of The Income- Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Passed By The National Faceless Appeal Centre (Nac) Delhi/Commissioner Of Income-Tax (Appeals) [In Short ‘Nfac/Ld.Cit(A)’], Dated 25.01.2025, Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer U/S 147 Of The Act, Dated 28.03.2022. 2. The Grounds Of Appeal Raised By The Assessee Are As Follows:

For Appellant: Shri D. M. Rindani, Ld. ARFor Respondent: Shri Anadi Dixit, Ld. Sr. DR
Section 115BSection 147Section 148Section 234ASection 250Section 271(1)(c)Section 68Section 69