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“advance tax”

Chapter XVII - Collection & Recovery (Advance tax)Chapter XVII-CSection 2(1) / Chapter XVII-C / ITR Schedule IT1,785 judgments

The decision most relied on for advance tax is Bajaj Tempo Ltd. v. CIT (196 ITR 188), cited in 289 judgments on BharatTax.

Leading authorities on advance tax

Bajaj Tempo Ltd. v. CIT
196 ITR 188 · 1992 · Supreme Court
289
citing judgments

Provisions in taxing statutes that grant incentives, concessions, or exemptions for promoting economic growth and industrialization must be interpreted liberally and purposively. Any restrictions placed on such provisions should also be construed reasonably to advance their objective, not frustrate it.

DIT v. GE Packaged Power Inc.
373 ITR 65 · 2015 · High Court
199
citing judgments

Interest under section 234B for default in payment of advance tax is not leviable when the entire income is subject to tax deduction at source under section 195, as no advance tax liability arises for the assessee in such circumstances.

Sreenivas Charitable Trust v. Dy. CIT
280 ITR 357 · 2006 · High Court
182
citing judgments

The expression "sufficient cause" for condoning delay in filing appeals must receive a liberal and purposive construction. This approach aims to advance substantial justice, which is of paramount importance.

Pradip Kumar Malhotra v. CIT
338 ITR 538 · 2011 · High Court
152
citing judgments

Section 2(22)(e) of the Income Tax Act, which addresses deemed dividends, does not apply to loans or advances provided by a company to its shareholders if these transactions occur in the normal course of business, are driven by business expediency, or are made in consideration of a benefit conferred upon the company by the shareholder. Conversely, gratuitous loans or advances given to shareholders fall within the purview of this section.

DIT v. NGC Network Asia LLC
313 ITR 187 · 2009 · High Court
144
citing judgments

Where a duty is cast on the payer to deduct and pay tax at source under Section 195, the payee-assessee cannot be levied interest under Section 234B for failure to pay advance tax if the payer defaults on its TDS obligation. This principle may also extend to interest under Section 234C.

Topman Exports v. CIT
342 ITR 49 · 2012 · Supreme Court
121
citing judgments

Export incentives, such as DEPB (Duty Entitlement Pass Book) and advance license benefits, constitute income taxable on an accrual basis under Section 28 of the Income-tax Act. Profit arising on the transfer of DEPB is not eligible for deduction under Section 80HHC.

CIT v. Creative Dyeing & Printing Pvt. Ltd.
318 ITR 476 · 2009 · High Court
119
citing judgments

Genuine trade advances or amounts advanced for bona fide business transactions, driven by commercial expediency, do not fall within the definition of deemed dividend under section 2(22)(e) of the Income-tax Act.

CIT v. Raj Kumar
318 ITR 462 · 2009 · High Court
119
citing judgments

Genuine trade advances made by a company in the ordinary course of business to a shareholder do not fall within the definition of deemed dividend under Section 2(22)(e) of the Income-tax Act.

Judgments citing advance tax

Priya Construction, Namakkal vs. DCIT, Central Circle, Salem

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

ITA 1200/CHNY/2025[2020-21]Status: DisposedITAT Chennai25 Aug 2025AY 2020-21

Bench: Shri George George Kand Shri Amitabh Shuklaआयकर अपील सं./Ita No.: 1200/Chny/2025 िनधा"रण वष"/Assessment Year:2020-21 M/S. Priya Construction, The Deputy Commissioner 1/8, Senthilagam, Vs. Of Income Tax, Kadachanallur, Central Circle, Pallipalayam Post, Salem. Iyenthupanai, Tiruchengode Tk, Namakkal – 638 008. Pan: Aahfp 8616N (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri S. Bhupendran, Advocate ""यथ" क" ओर से/Respondent By : Shri Bipin C.N., Cit सुनवाई क" तारीख/Date Of Hearing : 13.08.2025 घोषणा क" तारीख/Date Of Pronouncement : 25.08.2025

For Appellant: Shri S. Bhupendran, AdvocateFor Respondent: Shri Bipin C.N., CIT
Section 133ASection 143(3)Section 263

current Financial Year 2019-20. I will herewith finalize the books of accounts by paying the balance of the entire tax amount as Advance Tax by the end of this month, besides the TDS (Tax Deducted at Source). Besides, the above-mentioned firm has been changed into a company under ... above mentioned turnover of Rs.44,07,00,000/- amounts to Rs.3,52,56,000/- as income. I hereby assure that I shall pay the advance tax amount (after deducting TDS) by the end of this month in the account of the company and I shall hereby submit the copy

Rajendra Prasad, Palamau, Satbarwa vs. ITO, Daltonganj

In the result, appeal of the assessee stands partly allowed for statistical purposes

ITA 26/RAN/2024[2018-19]Status: DisposedITAT Ranchi21 Aug 2025AY 2018-19

Bench: S/ S/Hri George Mathan & Ratnesh Nandan Sahayratnesh Nandan Sahayratnesh Nandan Sahayassessment Year : 2018-19 Rajendra Prasad, Satbarwa Rajendra Prasad, Satbarwa Vs. Ito, Ward 3(5), Daltonganj Ito, Ward 3(5), Daltonganj Ramghat, Ramghat, Palamau, Palamau, Satbarwa-822126 822126 Pan/Gir No. . (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri Devesh Poddar, Adv Devesh Poddar, Adv Revenue By : Shri Rajat Datta, Ld Cit Dr : Shri Rajat Datta, Ld Cit Dr Date Of Hearing : 21/08/202 2025 Date Of Pronouncement : 21/08/2 2025 O R D E R Per Bench This Is An Appeal Filed By The Assessee Against The Order Of The Ld This Is An Appeal Filed By The Assessee Against The Order Of The Ld This Is An Appeal Filed By The Assessee Against The Order Of The Ld Cit(A), Nfac, Delhi Dated Cit(A), Nfac, Delhi Dated 9.1.2024 In Appeal No.Cit(A) Nfac/2017 9.1.2024 In Appeal No.Cit(A) Nfac/2017- 18/10212042 For The Assessment Year For The Assessment Year 2018-19. 2. Shri Devesh Poddar Devesh Poddar, Ld Ar Appeared For The Assessee. Shri Rajat Essee. Shri Rajat Datta, Ld Cit Dr Dr Represented On Behalf Of The Revenue.

For Appellant: Shri Devesh Poddar, AdvFor Respondent: Shri Rajat Datta, ld CIT DR
Section 207Section 208Section 210Section 249(4)(b)

ground that the assessee has not paid the ound that the assessee has not paid the amount equal to the amount of advance tax which was payable by him no amount equal to the amount of advance tax which was payable by him no amount equal to the amount ... advance tax which was payable by him no P a g e 1 | 3 Assessment Year : 2018-19 return of income has been filed. It was the submission that this issue is now squarely covered by the decision of the Co-ordinate Bench of ITAT Amritsar Bench in the case

Mahendrakumar Bhanjibhai Chhaniyara, Rajkot vs. The ITO Ward 1 (2) (1) Rajkot, Rajkot

In the result, appeal of the assessee is allowed, for statistical purposes

ITA 280/RJT/2025[2016-17]Status: DisposedITAT Rajkot19 Aug 2025AY 2016-17

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपीलसं./Ita No. 280/Rjt/2025 (निर्धारणवर्ष/Assessment Year: (2016-17) Mahendrakumar Bhanjibhai Income Tax Officer, Chaniyara, Gaushala Plot, Kolki बनाम Ward-1(2)(1), Rajkot, Aaykar Rajkot, Kolki So, Bhawan, Rajkot-360001 /Vs. Rajkot-360470 स्थायी लेखा सं./जी आइआरसं./Pan/Gir No.: Astpc9150G (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) निर्धारितीकीओरसे/Appellant By : Shri Jaimin Shah, Ld. A.R. राजस्वकीओरसे/Respondent By : Shri Abhimanyu Singh Yadav, Ld. Sr. D.R. सुनवाईकीतारीख / Date Of Hearing : 18/08/2025 घोषणाकीतारीख/Date Of Pronouncement : 19/08/2025 आदेश / Order Per Dr. Arjun Lal Saini: Captioned Appeal Filed By The Assessee, Pertaining To Assessment Order (Ay) 2016-17, 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 (Nfac), Delhi/Commissioner Of Income Tax(Appeals) (In Short "Ld.Cit(A)",Dated 12.03.2025, Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer U/S 147 R.W.S 144 Of The Act, Dated 28.02.2024. 2. The Assessee Has Raised The Following Grounds Of Appeal:-

For Appellant: Shri Jaimin Shah, Ld. A.RFor Respondent: Shri Abhimanyu Singh Yadav, Ld. Sr. D.R
Section 139Section 144Section 147Section 148Section 148ASection 210Section 250Section 271(1)(b)Section 271F

Mahendrakumar Bhanjibhai Chaniyara 11. That the appellant has neither committed default of Sec. 210 nor made any default in payment of advance tax and therefore unwanted interest charged us 234A 234B, 234Cand 234D requires to be deleted. 12. Your appellant craves leave to add, amend, deleted or alter

Gujarat Technological University, Ahmedabad, Vadodara vs. Deputy Commissioner of Income Tax Circle-1 Exemptions, Ahmedabad, Gujarat

In the result, the appeal of the assessee is allowed

ITA 1187/AHD/2025[2019-20]Status: DisposedITAT Ahmedabad19 Aug 2025AY 2019-20

Bench: Ms Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.1187/Ahd/2025 िनधा"रण वष" /Assessment Year : 2019-10 Gujarat Technological University, The Dcit, Nr. Vishwakarma Govt. Engg. College, बनाम/ Circle-1, V/S. Near Visar Three Roads, Exemptions, Chandkheda Society Area S.O, Ahmedabad Gandhinagar, Ahmedabad-382424. (Gujarat) "थायी लेखा सं./Pan: Aaalg1109L अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Ms. Amrin Pathan, Ar Revenue By : Shri Rignesh Das, Sr-Dr सुनवाई की तारीख/Date Of Hearing : 14/08/2025 घोषणा की तारीख /Date Of Pronouncement: 19/08/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: ] ] This Appeal By The Assessee Is Directed Against The Order Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As “The Cit(A)”] Dated 14.03.2025, For The Assessment Year (A.Y.) 2019–20, Arising Out Of The Rectification Order Passed By The Centralized Processing Centre (Cpc), Bengaluru, Under

For Appellant: Ms. Amrin Pathan, ARFor Respondent: Shri Rignesh Das, Sr-DR
Section 10Section 11Section 12ASection 139(1)Section 139(5)Section 143(1)Section 154

computed without such exemption, and tax was determined at normal rates along with interest under sections 234B and 234C. After giving credit for advance tax of Rs. 26,869/-, a demand of Rs. 69,40,22,390/- was raised. The order also indicated that the reasons for variance/demand were available