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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

Yalamarthi Lakshmi, Yanam vs. The Income-Tax Officer, Ward- 1, Kakinada

In the result, appeal of the assessee is allowed for statistical purposes as indicated herein above

ITA 189/VIZ/2025[2016-17]Status: DisposedITAT Visakhapatnam20 May 2025AY 2016-17

Bench: Shri Vijay Pal Rao, Hon’Ble & Shri S Balakrishnan, Hon’Ble(Hybrid Hearing) आयकर अपील सं./ I.T.A. No.189/Viz/2025 (धनिाारण िर्ा / Assessment Year: 2016-17) Yalamarthi Lakshmi, Vs. The Income Tax Officer, Yanam. Ward-1, Pan: Abhpy4417B Kakinada. (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलार्थी की ओर से/ Assessee By : Shri Gvn Hari, Advocate प्रत्यार्थी की ओर से / Revenue By : Dr. Aparna Villuri, Sr. Ar सुनिाई की तारीख / Date Of Hearing : 30/04/2025 घोर्णा की तारीख/Date Of : 20/05/2025 Pronouncement O R D E R

For Appellant: Shri GVN Hari, AdvocateFor Respondent: Dr. Aparna Villuri, Sr. AR
Section 142(1)Section 147Section 148Section 249Section 249(4)(b)Section 28

appellant has offered ‘not applicable’ comments at Sl. No.9 of Form-35 and the appellant faield to made payment of amount equal to the advance tax which was due on its income. It is therefore clear that information given at Sl No.9 of Form 35 is not correct ... appellant has not made payment of amount equal to the advance tax which was due on its income. The appellant has also not requested for exemption from operation of the provisions of clause (b) of sub-section (4) of section 249 of the Act. 6. Since the appellant

Jacob Thomas, Kozhencherry vs. ACIT, Thiruvalla Range, Thiruvalla

In the result, appeal filed by the assessee stands dismissed

ITA 132/COCH/2024[2017-2018]Status: DisposedITAT Cochin14 May 2025AY 2017-2018

Bench: Shri Inturi Rama Rao, Am & Shri Soundararajan K., Jm Assessment Year: 2016-17 Jacob Thomas .......... Appellant 1, Mulamoottil, Kozhencherry 689641 [Pan: Ackpt3269L] Vs. Acit, Ward-1 & Tps, Thiruvalla .......... Respondent Appellant By: Shri Rajakannan, Advocate Respondent By: Shri Sanjit Kumar Das, Cit-Dr Date Of Hearing: 20.03.2025 Date Of Pronouncement: 14.05.2025 O R D E R Per: Inturi Rama Rao, Am This Appeal Filed By The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi [Cit(A)], Dated 27.12.2023 For Assessment Year (Ay) 2016-17. 2. Brief Facts Of The Case Are That The Appellant Is An Individual. The Return Of Income For Ay 2016-17 Was Filed On 17.10.2016 Declaring Income Of Rs. 37,97,390/-. Against The Said Return Of Income, The Assessment Was Completed By The Acit, Ward -1, Thriuvalla (Hereinafter Called "The Ao") Vide Order Dated 21.12.2018

For Appellant: Shri Rajakannan, AdvocateFor Respondent: Shri Sanjit Kumar Das, CIT-DR
Section 143(3)Section 154Section 207Section 207(2)Section 234BSection 234ESection 243BSection 37Section 37(1)

which are subject matter of appeal before the CIT(A). It is submitted that since senior citizens are exempt from payment of advance tax, therefore no liability to pay advance tax in terms of provisions of section 207(2) of the Act. On due consideration of the above submissions ... charged interest u/s. 234B of the Act in the original assessment. There is no dispute that the appellant is liable to pay advance tax in terms of provisions of section 207 of the Act on the assessed income. The disparity between the returned income and assessed income had arisen

Ruhi Rana, Panchkula vs. ITO, Ward-3, Panchkula

In the result, the Assessee’s appeal is allowed for statistical purposes

ITA 352/CHANDI/2024[2018-19]Status: DisposedITAT Chandigarh14 May 2025AY 2018-19

Bench: Shri Laliet Kumar & Shri Krinwant Sahayआयकर अपील सं./ Ita No. 352/Chd/2024 "नधा"रण वष" / Assessment Year : 2018-19 Ruhi Rana, The Ito, बनाम House No.858, Sector 4, Ward -3, Panchkula Panchkula Vs. C/O Vineet Gandhi & Vineet Thakral, Advocates, # 1491, Sector 4, Panchkula "थायी लेखा सं./Pan No: Cdrpr9229N अपीलाथ"/Appellant ""यथ"/Respondent ( Physical Hearing ) "नधा""रती क" ओर से/Assessee By : Shri Vineet Thakral, Advocate राज"व क" ओर से/ Revenue By : Dr. Ranjit Kaur, Add., Cit Sr. Dr सुनवाई क" तार"ख/Date Of Hearing : 06.03.2025 उदघोषणा क" तार"ख/Date Of Pronouncement : 14.05.2025 आदेश/Order Per Krinwant Sahay, Am : Appeal In This Case Has Been Filed By The Assessee Against The Order Dated 09.02.2024 Of Ld. Commissioner Of Income Tax, National Faceless Appeal Centre (Nfac), Delhi For A.Y. 2018-19. 2. Grounds Of Appeal Are As Under: -

For Appellant: Shri Vineet Thakral, AdvocateFor Respondent: Dr. Ranjit Kaur, Add., CIT Sr. DR
Section 144Section 147Section 148Section 249Section 249(4)(b)Section 270A

arrived at the total income of Rs. 54,77,343/- and computed the tax payable at Rs. 25,56,691/- which included the advance tax payable by the appellant. On or before 352-Chd-2024 Ruhi Rana, Panchkula 4 filing the present appeal, the appellant has failed to make ... required payment of the amount equal to the amount of advance tax which was payable by him. Further, the appellant neither provided any satisfactory clarification/ explanation in response to the deficiency letter issued by this office nor did he offer any reason, leave alone any good and sufficient reasons