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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

Balineni Kishorebabu, Vijayawada vs. Income Tax Officer, Ward-14(2), Hyderabad

In the result, appeal filed by the assessee is partly allowed

ITA 33/HYD/2025[2017-18]Status: HeardITAT Hyderabad04 Feb 2025AY 2017-18

Bench: Shri Laliet Kumar & Shri Manjunatha, G.आ.अपी.सं /Ita No. 33/Hyd/2025 (िनधा"रण वष" / Assessment Year: 2017-18) Shri Balineni Kishore Vs. Income Tax Officer Babu, Vijayawada Ward 14(2) Pan:Asqpb9632D Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Advocate A.V. Raghuram राज" व "ारा/Revenue By:: Shri B Naveen Kumar, Dr सुनवाई की तारीख/Date Of Hearing: 03/02/2025 घोषणा की तारीख/Pronouncement: 04/02/2025 आदेश/Order Per Laliet Kumar, J.M This Appeal Filed By The Assessee Is Directed Against The Order Dated 18/11/2024 Of The Learned Cit (A)-/Addl/ Jcit(I)-10 Mumbai, Relating To A.Y.2017-18. 2. Although A Number Of Grounds Have Been Raised By The Assessee, However, These All Relate To The Order Of The Learned Cit (A) In Sustaining The Disallowance Made By The Assessing Officer U/S 143(3) Of The I.T. Act, 1961. Page 1 Of 5

For Appellant: Advocate A.V. RaghuramFor Respondent: : Shri B Naveen Kumar, DR
Section 143Section 143(2)Section 143(3)

Rs.2,96,000/- and further the assessee was also able to demonstrate that he has received Rs.94,000/- as cash for depositing the advance tax from his clients. The assessee is a professional as a Chartered Accountant and was able to demonstrate the availability of Rs.3

Erode District Tractor Owners Association, Erode vs. DCIT, Circle-1, Erode

In the result, the appeals filed by the assessee are allowed for statistical purposes

ITA 2516/CHNY/2024[2018-19]Status: DisposedITAT Chennai04 Feb 2025AY 2018-19

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita Nos.: 2513, 2514, 2515, 2516, 2517, 2518 & 2519/Chny/2025 िनधा"रण वष"/Assessment Years: 2015-16, 2016-17, 2017-18, 2018-19, 2019-20, 2020-21 & 2021-22 Shri Abdul Munaf Irfanudeen, The Deputy Commissioner No.42, Maraikayar Street-Ii Floor, Vs. Of Income Tax, Near Annai Ayesha Mahal, Central Circle – 1(4), Chennai – 600 001. Chennai. Pan: Aawpi 0038G (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri B. Ramakrishnan, Fca & Shri Shrenik Chordia, Ca ""यथ" क" ओर से/Respondent By : Shri Shiva Srinivas, Cit सुनवाई क" तारीख/Date Of Hearing : 26.11.2025 घोषणा क" तारीख/Date Of Pronouncement : 28.11.2025

For Appellant: Shri B. Ramakrishnan, FCA &For Respondent: Shri Shiva Srinivas, CIT
Section 139Section 208Section 249(4)Section 249(4)(b)Section 250

whether the CIT(A) has erred in invoking section 249(4)(b) of the Act and dismissing the appeals in limine by holding that advance tax liability is to be based on the assessed income instead of admitted income. Ground No.3 relates to the issue that ... where no return has been filed by the assessee, the assessee has paid an amount equal to the amount of advance tax which was payable by him…” The clause (a) is not applicable to the appellant as no return has been filed by the appellant either

Shiv Nandan Prasad Suman, Madhubani vs. ITO, Ward - 6(1), Patna

The appeal of the assessee is allowed for statistical purposes

ITA 374/PAT/2024[2013-14]Status: DisposedITAT Patna30 Jan 2025AY 2013-14

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.374/Pat/2024 Assessment Year: 2013-14 Shiv Nandan Prasad Suman….....…..…………………....Appellant Laukaha, Madhubani, Bihar-847421. [Pan: Aitps3598Q] Vs. Ito, Ward-6(1), Patna…....….…….…............................…..…..... Respondent Appearances By: Shri Mayank Manvendra, Advocate Appeared On Behalf Of The Appellant. Shri Ashwani Kumar, Jcit, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 28, 2025 Date Of Pronouncing The Order : January 30, 2025 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 23.02.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. Brief Facts Of The Case Are That The Assessee Is An Individual. The Assessment Order Was Framed In The Case Of The Assessee U/S 147 R.W.S 144B Of The Act As The Assessee Failed To File Return Of Income For Assessment Year 2013-14 Within The Prescribed Limit. The Assessing Officer Determined Total Income Of The Assessee At Rs.20,24,948/- By Making Certain Additions In Respect Of Unexplained Investment Of Rs.1445000/- U/S 69 Of The Act, Salary Income Of Rs.576492/- & Interest Income Of Rs.3456/-.

Section 147Section 249(4)Section 249(4)(b)Section 250Section 69

where no return has been filed by the assessee, the assessee was liable to pay an amount equal to the amount of advance tax. He also stated that the assessee did not file application as per the proviso to section 249(4) seeking exemption from operation of provisions of section ... provisions of law and there was no actual tax liability as determined by the Assessing Officer. He also claimed that the assessee had no advance tax liability as alleged by the ld. CIT(A) in his order. He prayed before us that one more opportunity may be given to decide

Chanda Devi, Samastipur vs. ITO, Ward- 3 (3), Samastipur

The appeal of the assessee is allowed for statistical purposes

ITA 355/PAT/2024[2017-18]Status: DisposedITAT Patna28 Jan 2025AY 2017-18

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.355/Pat/2024 Assessment Year: 2017-18 Chanda Devi……………………….....…..…………………....Appellant C/O Hemant Kumar Gupta, Kalyanpur, Samastipur, Bihar-848302. [Pan: Buopd4526K] Vs. Ito, Ward-3(3), Samastipur..….…….…............................…..…..... Respondent Appearances By: Shri Abhi Sarkar, Ar, Appeared On Behalf Of The Appellant. Shri Ashwani Kumar, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 27, 2025 Date Of Pronouncing The Order : January 28, 2025 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 30.01.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. Brief Facts Of The Case Are That The Assessee Is An Individual & Engaged In Business Of Cattle Feed. The Assessing Officer Noticed During The Assessment Proceedings That The Assessee Deposited Rs.1979000/- In His Bank Account During Demonetization Period & The Assessee Did Not File Return Of Income For The Assessment Year 2017-18 Within Due Date Prescribed U/S 139(1) Of The Act. Accordingly, The Assessing Officer Issued Notice U/S 142(1) Of The Act Requesting The Assessee To File Return. However, The Assessee Failed To Comply With The Notice As Such

Section 139(1)Section 142(1)Section 144Section 208Section 249(4)(b)Section 250

where no return has been filed by the assessee, the assessee was liable to pay an amount equal to the amount of advance tax. He also stated that the assessee did not file an application u/s 208 of the Act which prescribed conditions of payment of advance tax. Accordingly ... provisions of law and there was no actual tax liability as determined by the Assessing Officer. He also claimed that the assessee had no advance tax liability as alleged by the ld. CIT(A) in his order. He prayed before us that one more opportunity may be given to decide