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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

M/S. Elite Realcon Pvt. Ltd.(Successor to Solid Information Pvt. Ltd.), Kolkata vs. ITO, Ward-2(2), Kolkata

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

ITA 681/KOL/2023[2011-12]Status: DisposedITAT Kolkata08 May 2025AY 2011-12

Bench: Shri George Mathan & Shri Sanjay Awasthiआयकर अपील सं/Ita No.681/Kol/2023 (निर्धारण वर्ा / Assessment Year : 2011-2012) M/S Elite Realcon Private Ltd. Vs Ito, Ward-2(2), Kolkata (Successor To Solid Infracon Private Limited) 16 Ganesh Chandra Avenue, 7Th Floor, Kolkata Pan No. :Aacce 3338 C (अपीलधर्थी /Appellant) .. (प्रत्यर्थी / Respondent) निर्धाररती की ओर से /Assessee By : Shri C. Roy, Ar रधजस्व की ओर से /Revenue By : Shri P.N. Barnwal, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 08/05/2025 घोषणा की तारीख/Date Of Pronouncement : 08/05/2025 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), National Faceless Appeal Centre(Nfac), Delhi Dated 29.03.2022, Passed In Din & Order No.Itba/Nfac/S/250/2021-22/1041881225(1) For The Assessment Year 2011-2012. 2. Shri C. Roy, Ar, Appeared On Behalf Of The Assessee. Shri P.N.Barnwal, Cit-Dr Appeared On Behalf Of The Revenue. 3. The Appeal Filed By The Assessee Is Delayed By 404 Days For Which The Assessee Has Filed The Necessary Application For Condonation Of Delay. The Reasons Given In The Petition For Condonation Of Delay Are Found To Be Plausible & The Same Are Accepted & The Delay Of 404 Days In Filing The Appeal Is Condoned & The Appeal Is Disposed Off On Merits. 4. It Was Submitted By The Ld. Ar That The Assessee Company Namely Solid Infracon Pvt. Ltd. Had Merged With Elite Realcon Pvt. Ltd., Vide

For Appellant: Shri C. Roy, ARFor Respondent: Shri P.N. Barnwal, CIT-DR

Transferee Company is expressly permitted to revise its income tax returns and related TDS certificates and shall be entitled to claim refund, advance tax credits, etc upon this Scheme becoming effective and has expressly reserved the right to make such revisions in the income tax refunds and related TDS certificates ... claim refund, advance tax credits, etc pursuant to this Scheme. 9. A perusal of page 39 of the paper book, being the Schedule of assets, shows in the case of assessee i.e. Solid Infracon Pvt. Ltd. which reads as follows :- 6 10. Now coming to the assessment order

Bhartabhai Der, Jetpur vs. Income Tax Officer, Aaykar Bhavan

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

ITA 856/RJT/2024[2017-2018]Status: DisposedITAT Rajkot29 Apr 2025AY 2017-2018

Bench: Dr. Arjun Lal Saini, Am आयकर अपील सं./Ita No.856/Rjt/2024 "नधा"रण वष" / Assessment Year: (2017-18) (Physical Hearing) Bharatbhai Der, Income Tax Officer, Ward- At Village: Khajuri Gundala, 1(2)(3), Rajkot, Aaykar Vs. Jetpur, Dist. Rajkot 364 485 Bhawan, Race Course Ring Road, Rajkot 360 001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Cfppd 5240 F (Appellant) (Respondent) Appellant By : Shri Sumit Shingala, Ar Respondent By : Shri Abhimanyu Singh Yadav, Sr. Dr Date Of Hearing : 11/03/2025 Date Of Pronouncement : 29/04/2025 आदेश / O R D E R Dr. Arjunlal Saini Am; Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year 2017-18, Is Directed Against The Order Passed By Learned Commissioner Of Income-Tax (Appeals) / National Faceless Appeal Centre (Nfac), Delhi [In Short “The Ld.Cit(A)”] Vide Order Dated 28.12.2023, Which In Turn Arises Out Of An Order Passed By The Assessing Officer, Dated 15.10.2019, U/S 144 Of The Income Tax Act, 1961 (In Short “The Act”).

For Appellant: Shri Sumit Shingala, ARFor Respondent: Shri Abhimanyu Singh Yadav, Sr. DR
Section 144

assessee, also submitted that ld. CIT(A) dismissed the appeal of the assessee, simply on the reason that assessee did not pay the advance tax, however, the assessee is an agriculturalist, whose income is exempted from tax, therefore, he need not to deposit the advance tax. 3. On the other ... before him hence it is a violation of principle of natural justice. The Assessee is an agriculturalist, therefore, he need not to pay the advance tax on his exempted income. I note that it is settled law that principles of natural justice and fair play require that the affected party