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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

Assistant Commissioner of Income Tax, Madurai vs. Jayaraj Jaison, Tirunelveli

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

ITA 2512/CHNY/2024[2020-21]Status: DisposedITAT Chennai17 Jul 2025AY 2020-21

Bench: Shri Manu Kumar Giri & Shri S. R. Raghunathaआयकर अपील सं./Ita No.:2512/Chny/2024 िनधा"रण वष" / Assessment Year: 2020-21 The Assistant Commissioner Of Jayaraj Jaison, Income Tax, Vs. No.9/10, Prop: Jaison Bkery, Central Circle -2, Madurai. Kavalkinaru, Tirunelveli – 625 002. (अपीलाथ"/Appellant) [Pan:Akgpj-2821-E] (""थ"/Respondent) अपीलाथ" की ओर से/Appellant By : Ms. Gouthami Manivasagam, J.C.I.T. ""थ" की ओर से/Respondent By : Shri. R. Venkata Raman,C.A. सुनवाई की तारीख/Date Of Hearing : 02.07.2025 घोषणा की तारीख/Date Of Pronouncement : 17.07.2025 आदेश /O R D E R Per S. R. Raghunatha, Am: This Appeal Is Preferred By The Revenue Against The Order Dated 30.07.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals)-19, Chennai (‘Ld.Cit(A)’ In Short), Arising Out Of The Assessment Order Dated 30.09.2022 Passed U/S.143(3) Of The Income Tax Act, 1961 (‘The Act’ In Short) By The Assistant Commissioner Of Income Tax, Central Circle - 2, Madurai (‘Ao’ In Short), For The Assessment Year (‘Ay’ In Short) 2020-21. 2. The Revenue Has Raised The Following Grounds Of Appeal:

For Appellant: Ms. Gouthami Manivasagam, J.C.I.TFor Respondent: Shri. R. Venkata Raman,C.A
Section 131Section 133ASection 143(3)Section 68Section 69

Rs.60,00,000/- and Rs.58,60,000/- in total Rs.1,50,60,000/- as business income for the A.Y.2020-21 and assured to pay the advance tax accordingly. Please give the date within which the advance tax will be fully remitted? Answer: As admitted by me in reply to question nos.8 ... books of accounts, I admit Rs.1,50,60,000/- as - 4 - ITA No.2512/CHNY/2024 business income for the A.Y.2020-21, and I as remit the advance tax before 15-03-2020.” 9. Subsequently, the assessee filed his return of income for the relevant assessment year on 30.12.2020, declaring a total income

Surender Sharma, Panipat vs. ITO Ward-4, Panipat

Appeal is allowed for statistical purposes in above terms

ITA 557/DEL/2024[2011-12]Status: DisposedITAT Delhi16 Jul 2025AY 2011-12

Bench: Sh. Satbeer Singh Godara & Sh. S. Rifaur Rahmanita No. 557/Del/2024 : Asstt. Year : 2011-12 Surender Sharma, Vs Income Tax Officer, C/O J. B. Sharma, Adv., Ward-4, 72, Bmk Market, Nr Hotel Hive, G. Panipat, T. Road, Panipat, Haryana-132103 Haryana-132103 (Appellant) (Respondent) Pan No. Cfhps7057B Assessee By : Sh. J. B. Sharma, Ca Revenue By : Sh. Manish Gupta, Sr. Dr Date Of Hearing: 16.07.2025 Date Of Pronouncement: 16.07.2025 Order Per Satbeer Singh Godara: This Assessee’S Appeal For Assessment Year 2011-12, Arises Against The Cit(A)/Nfac, Delhi’S Din & Order No. Itba/Nfac/S/250/2023-24/1059098895(1) Dated 27.12.2023, In Proceedings U/S 147 R.W.S. 144 Of The Income Tax Act, 1961 (In Short “The Act”).

For Appellant: Sh. J. B. Sharma, CAFor Respondent: Sh. Manish Gupta, Sr. DR
Section 147Section 249(4)(b)Section 69

from the Revenue side that the learned CIT(A)/NFAC has rejected the assessee's lower appeal "in limine" for want of payment of advance tax thereby invoking section 249(4)(b) of the Act. He appears to have upheld the Assessing Officer's 2 Surender Sharma action making section ... dispute during the course of hearing that there is no indication in the CIT(A)/NFAC's lower appellate discussion about the assessee's advance tax liability determination as per the provisions of the Act. Nor he appears to have afforded any opportunity to make good the said alleged default