Section 234D of the Income Tax Act

Income-tax Act, 2025: s.426

Section 234D of the Income-tax Act, 1961 corresponds to section 426 (Interest on excess refund) of the Income-tax Act, 2025.

Read section 426 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 234D is CIT v. Tata Elxsi Ltd. (349 ITR 98), cited in 818 of the 2,105 judgments on BharatTax that turn on this section.

Leading authorities on Section 234D

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.

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.

CIT v. Reliance Industries Ltd.
339 ITR 632 · 2011 · High Court
218
citing judgments

No substantial question of law arises regarding a subsidy granted for setting up a new industrial unit in a backward area for employment generation, as held by the Bombay High Court. This decision was subsequently set aside by the Supreme Court.

Calcutta in CIT v. Vijay Shree Ltd.
43 Taxmann.com 396 · 2014 · High Court
214
citing judgments

Employees' contribution to provident fund and ESI, if paid by the assessee before the due date for filing the return of income under section 139(1), is an allowable deduction under section 43B. No distinction is drawn between employer's and employee's contributions for the purpose of section 43B.

DIT v. Guy Carpenter & Co Ltd.
346 ITR 504 · 2012 · High Court
171
citing judgments

For fees for technical services to be taxable under a tax treaty's 'make available' clause, a transfer of technology enabling the recipient to independently perform the service in the future is necessary, beyond mere service rendition. The case also clarifies that re-insurance services do not constitute 'imparting' of information taxable as royalty.

Chowringhee Sales Bureau (P.) Ltd. v. CIT
87 ITR 542 · 1973 · Supreme Court
155
citing judgments

Indirect tax components, such as sales tax, are included when calculating gross turnover or sales receipts for determining business income. Deductions relating to these taxes are subject to the provisions of Section 43B, requiring actual payment for deductibility.

Techno Shares and Stocks Ltd. v. CIT
327 ITR 323 · 2010 · Supreme Court
130
citing judgments

Membership rights and business contracts, as 'business or commercial rights of similar nature' to a license or franchise, qualify as intangible assets eligible for depreciation under Section 32(1)(ii) of the Income-tax Act.

CIT v. Lever India Exports Ltd.
78 Taxmann.com 88 · 2017 · High Court
111
citing judgments

A Transfer Pricing Officer (TPO) must adhere to prescribed methods under Section 92C for determining Arm's Length Price (ALP); an ALP determination at Nil or an adjustment using the 'Other Method' is unsustainable without proper comparability analysis. The TPO's jurisdiction is confined to ALP determination, respecting the commercial expediency of the assessee's business strategy, such as shared advertisement expenditure.

Areva T&D India Ltd. v. DCIT
345 ITR 421 · 2012 · High Court
97
citing judgments

Business contracts and commercial rights of similar nature qualify as intangible assets under Section 32(1)(ii) and are eligible for depreciation. The decision also affirms that goodwill is an intangible asset eligible for depreciation.

Steria (India) Ltd. v. CIT
386 ITR 390 · 2016 · High Court
83
citing judgments

Managerial services are not considered 'fees for included services' under Article 13(4) of the India-UK Double Taxation Avoidance Agreement, thus payments for such services are not taxable as FTS under the treaty.

Judgments on Section 234D

Kiran Jitendrakumar Siddhpura, Rajkot vs. ITO Ward 2(1)(2) Rajkot, Rajkot

In the result, the appeal of the assessee is allowed

ITA 823/RJT/2026[2019-20]Status: DisposedITAT Rajkot08 Sept 2026AY 2019-20

Bench: Dr. Arjun Lal Sainiआयकरअपीलसं/.Ita No. 823/Rjt/2026 "नधा"रणवष"/ Assessment Year: 2019-20 Kiran Jitendrakumar Siddhpura, Ito Ward 2(1)(2), Rajkot, Sorathiawadi, 7-Master Society. Vs. It-Office, New Aayakar, Rajkot, Gujarat 360002 Bhawan, Vatiaka, Rajkot, Gujarat 360001 Pan No. Ahdps7341G (अपीलाथ"/Assessee) : (""यथ"/Respondent) "नधा"रतीक"ओरसे/Assessee By : Shri Kalpesh Doshi, Ld. Ar राज"वक"ओरसे/Revenue By : Shri Anadi Dixit, Ld. Sr. Dr सुनवाईक"तार"ख/Date Of Hearing : 18/06/2026 घोषणाक"तार"ख/Date Of Pronouncement : 08/09/2026 Order Per, Dr. Arjun Lal Saini, Am: The Present Appeal Has Been Filed By The Assessee, Against The Order Passed By The Learned Commissioner Of Income Tax (Appeal), National Faceless Appeal, Centre (Nfac), Delhi [Hereinafter Referred To As “Cit(A)”] Dated 18.02.2026 Arising In The Matter Of Assessment Order Passed U/S.147 Of The Income Tax Act, 1961 Dated 27.03.2024 Relevant To The Assessment Year 2019-20. 2. The Appeal Filed By The Assessee Is Barred By Limitation By 22 Days Before The Tribunal. When The Matter Was Called For Hearing, The Ld. Counsel For The Assessee At The Outset Submitted That The Order Had Been Served Through Email To Previous Tax Consultant Of The Assessee, Who Has Failed To Inform The Assessee About The Proceedings Going On Before The Ld.Cit(A), Therefore, Because Of The Mistake Of The Tax Consultant, The Delay In Filing The Appeal Of 22 Days Has Resulted.

For Appellant: Shri Kalpesh Doshi, Ld. ARFor Respondent: Shri Anadi Dixit, Ld. Sr. DR
Section 115BSection 139Section 142(1)Section 143(2)Section 144B(8)Section 147Section 148Section 148BSection 151Section 234A