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“Section 154(7)”

Section References (mined)Section 154Section 154(7)42 judgments

The decision most relied on for Section 154(7) is Kalpesh Synthetics (P.) Ltd. v. DCIT (137 Taxmann.com 475), cited in 198 judgments on BharatTax.

Leading authorities on Section 154(7)

Kalpesh Synthetics (P.) Ltd. v. DCIT
137 Taxmann.com 475 · 2022 · ITAT
198
citing judgments

A deduction claimed under Section 36(1)(va) for employee contributions remitted after the statutory due date but before the return filing due date cannot be disallowed during intimation processing under Section 143(1) if the issue is debatable. Such a disallowance cannot be made automatically based solely on auditor's mention of actual vs. due dates in the tax audit report.

100/223 Taxman 398/366 ITR 170 (Guj.) 3. CIT v. Merchem Ltd.
61 Taxmann.com 119 · 2015 · High Court
168
citing judgments

An amendment clarifying the disallowance of employee contributions under sections 36(1)(va) and 43B is prospective. Therefore, before such amendment, employee contributions paid before the due date for filing the income tax return are deductible.

CIT v. ACE Multitaxes Systems (P.) Ltd.
317 ITR 207 · 2009 · High Court
107
citing judgments

For claiming relief under Chapter VI-A deductions like Section 80IB or 80IA, the audit report in Form 10CCB is not mandatory to be filed with the return of income, but can be submitted before the assessment is completed.

CIT v. A.N. Arunachalam
208 ITR 481 · 1994 · High Court
106
citing judgments

The requirement to file an audit report along with the return of income for claiming deductions under sections like 80-IA(7) or 80J(6A) is directory, not mandatory, and can be filed at any time before the assessment is finalized.

378 ITR 443 (Kerala); and Unifac Management Services (India) P. Ltd. v. Asst. CIT
409 ITR 225 · 2018 · High Court
67
citing judgments

The beneficial provisions of Section 43B do not apply to sums covered by Section 36(1)(va), which are employee contributions to welfare funds. The scope of Section 43B and Section 36(1)(va) are distinct, meaning belated payment of employee contributions is not deductible under Section 43B, and only Section 36(1)(va) read with Section 2(24)(x) governs their deductibility.

CIT v. Bharat 42 Zuari Cement Limited, Kadapa Aluminium Co. Ltd.
303 ITR 256 · 2008 · High Court
45
citing judgments

An assessee can file a revised computation of income during ongoing assessment proceedings, even after the time limit for filing a revised return under section 139(5) has expired. This revised computation can be submitted without filing a revised return.

Hindustan Wires Ltd. v. CIT
212 ITR 639 · 1995 · Supreme Court
17
citing judgments

The limitation period for rectification under section 154 of the Income Tax Act is to be counted from the date of the latest order passed, not the original order. This ensures claims made within the appropriate timeframe after subsequent orders are not time-barred.

Trib.) (para 7), Sonakshi Sinha v. CIT (Appeals)
197 ITD 263 · 2022 · ITAT
15
citing judgments

The time limit for filing Form 67 to claim foreign tax credit is directory, not mandatory. If no negative consequences are contemplated for non-adherence, the provision is considered directory.

Judgments citing Section 154(7)