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

M/S. Darshan Construction, Mumbai vs. Pr. CIT - 21, Mumbai

In the result, the appeal of the assessee is hereby allowed

ITA 1793/MUM/2020[2014-15]Status: DisposedITAT Mumbai28 Apr 2022AY 2014-15

Bench: Shri S. Rifaur Rahman, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.1793/Mum/2020 (ननधधारण वर्ा / Assessment Years: 2014-15) बनधम/ M/S. Darshan Construction Pcit-21 Room No.364, 3Rd Floor, B-001, Siddhivinayak Vs. Darshan, Ground Floor, J.R. Aayakar Bhavan, M. K. Bricha Marg, Saatrasta, Road, Mumbai-400020. Mumbai-400011. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aacfd1634M (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee By: Shri Pramod Kumar Parida & Kiran Vadher Revenue By: Shri Sanjeev Kashyap (Dr) सुनवाई की तारीख / Date Of Hearing: 09/02/2022 घोषणा की तारीख /Date Of Pronouncement: 28/04/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 26.02.2019 Passed By The Principal Commissioner Of Income Tax-21, Mumbai [Hereinafter Referred To As The “Pcit”] Relevant To The A.Y.2014-15 In Which The Principal Commissioner Of Income Tax-21 Has Invoked The Revisional Power U/S 263 Of The I.T. Act, 1961. The Assessee Has Raised The Following Grounds Of Appeal: - 2. “1. Order U/S 263 Is Bad-In-Law & May Be Vacated: (I) The Id. Principal Commissioner Of Income Tax (Pr.Cit) Erred In Assuming Jurisdiction U/S. 263 Without Appreciating That The Original Scrutiny Assessment Order Was Neither Erroneous Nor Prejudicial To The Interest Of The Revenue As The Assessing Officer Had Passed The Same After Due Application Of Mind On The Basis Of Entire Materials Submitted Before Him; Therefore, The Impugned Order U/S. 263 Passed

For Appellant: Shri Pramod Kumar Parida &For Respondent: Shri Sanjeev Kashyap (DR)
Section 143(3)Section 154Section 234ASection 263Section 269S

M/S Parthiv Enterprises, Mumbai vs. ITO 17(2)(5), Mumbai

In the result, the appeal filed by the assessee is hereby ordered to be dismissed

ITA 4505/MUM/2019[2014-15]Status: DisposedITAT Mumbai25 Apr 2022AY 2014-15

Bench: Shri Amar Jit Singh & Shri S. Rifaur Rahmanassessment Year: 2014-15 M/S. Parthiv Enterprises, Ito-17(2)(5), 83 Ramesh Bhuvan Nakhoda Room No.123-A, 1St Floor, Street, Vs. Pydhonie, Aayakar Bhavan, Mumbai – 400 003 Mumbai – 400 020 Pan: Aaefp8201A (Appellant) (Respondent) Present For: Assessee By : None Revenue By : Shri R.A. Dhyani, Sr. A.R. Date Of Hearing : 22.03.2022 Date Of Pronouncement : 25.04.2022 O R D E R Per Amar Jit Singh: The Assessee Has Filed The Above Mentioned Appeal Against The Order Dated 11.03.2019 Passed By The Commissioner Of Income Tax (Appeals) [Hereinafter Referred To As The Ld. Cit(A)] For The Assessment Year 2014-15. 2. The Assessee Has Raised The Following Grounds: “1. The Ld. Cit(A) Erred In Disallowing The Interest Free Loans Of Rs.3,35,23,178/- Out Of Rs.12,19,54,637/- & Thereby Erred In Treating The Same As Loans Taken For Non-Business Purposes. 2. The Ld.Cit(A) Erred In Disallowing & Adding The Proportionate Interest Paid Of Rs.22,24,357/- Out Of The Total Interest Paid Of Rs.80,92,036/- To The Total Income Of The Assessee & Thereby Added The Same To The Total Income Of The Assessee & Thereby Erred In Treating The Same For Non Business Purpose. 3. The Ld. Cit(A) Erred In Confirming The Addition Of The Genuine Loan Received From The Mis K.C. Kapadia & Sons(P) Ltd Of Rs.39,34,639/- To The Total Income Of The Assessee & Thereby Erred In Treating The Same For Non-Business Purpose.

For Appellant: NoneFor Respondent: Shri R.A. Dhyani, Sr. A.R
Section 10(34)Section 143(1)Section 143(2)Section 2(22)(e)Section 234ASection 271(1)(c)Section 36(1)(iii)