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

M/S. Nidhi Packers Private Ltd., Kolkata vs. ITO, Ward - 1(4), Kolkata

In the result, the appeal of the assessee is treated as allowed for statistical purpose

ITA 2460/KOL/2017[2010-11]Status: DisposedITAT Kolkata15 Jun 2018AY 2010-11

Bench: Shri P.M. Jagtap, Am] I.T.A. No. 2460/Kol/2017 Assessment Year: 2010-11 M/S. Nidhi Packers Pvt. Ltd...................................………………………………………........Appellant C/O. Salarpuria Jajodia & Co. 7, C.R. Avenue, Kolkata – 700 072. [Pan: Aabcn 6585 F] Ito, Ward 1(4) Kolkata...................……………………………………………....................Respondent Aayakar Bhawan, 3Rd Floor, P-7, Chowringhee Square, Kolkata – 700 069. Appearances By: Shri S. Jhajharia, Ar Appearing On Behalf Of The Assessee. Shri Robin Choudhury, Addl. Cit Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : May 28, 2018 Date Of Pronouncing The Order : June 15, 2018 Order This Appeal Filed By The Assessee Is Directed Against The Order Of Ld. Cit (Appeals) – 2, Kolkata Dated 21.08.2017. 2. The Assessee In The Present Case Is A Company Which Is Engaged In The Business Of Manufacturing & Cultivation Of Tea. The Return Of Income For The Year Under Consideration Was Originally Filed By It On 11.10.2010 Declaring A Total Income Of Rs. 2,06,895/- After Claiming Deduction Of Rs. 29,60,906/- U/S 80Ie Of The Act. Subsequently A Revised Return Was Filed By The Assessee On 16.03.2011 Declaring A Total Income Of Rs. 2,06,894/- After Claiming Deduction Of Rs. 33,88,317/- U/S 80Ie Of The Act. In The Assessment Completed U/S 143(3) Vide An Order Dated 14.03.2013, The Total Income Of The Assessee Was Computed By The Ao At Rs. 2,06,895/- As Declared In The Return Of Income Originally Filed. In The Income Tax Computation Form

Section 143(3)Section 234ASection 80I

Bindal Agencies Private Limited, Chennai vs. ITO, Corporate Ward -1(2), Chennai

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

ITA 382/CHNY/2018[2014-15]Status: DisposedITAT Chennai07 Jun 2018AY 2014-15

Bench: Shri A. Mohan Alankamony & Shri Duvvuru Rl Reddyआयकर अपील सं./I.T.A.No.382/Chny/2018 "नधा"रण वष"/Assessment Year:2014-15 M/S. Bindal Agencies Pvt. Ltd., The Income Tax Officer, No. 12/2, Venkatachalam Lane, Vs. Corporate Ward 1(2), 1St Floor, Rattan Bazaar, Chennai. Chennai 600 003. [Pan: Aaccb3892N] (अपीलाथ" /Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से / Appellant By : Shri T. Banusekar, C.A. & Ms. B. Jaisheila, C.A. ""यथ" क" ओर से/Respondent By : Mrs. S. Vijayaprabha, Jcit सुनवाई क" तार"ख/ Date Of Hearing : 10.05.2018 घोषणा क" तार"ख /Date Of Pronouncement : 07.06.2018 आदेश /O R D E R Per Duvvuru Rl Reddy: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 3, Chennai Dated 30.11.2017 Relevant To The Assessment Year 2014-15. The Assessee Has Raised The Following Grounds: “1. For That The Order Of The Commissioner Of Income Tax (Appeals) Is Contrary To Law, Facts & Circumstances Of The Case To The Extent Prejudicial To The Interests Of The Appellant & Is Opposed To The Principles Of Equity, Natural Justice & Fair Play.

For Appellant: Shri T. Banusekar, C.A. &For Respondent: Mrs. S. Vijayaprabha, JCIT
Section 132Section 143(3)Section 68