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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

Raj Kishor Prasad, Nalanda vs. Assessment Unit, Income Tax, Delhi

The appeal of the assessee is allowed for statistical purposes

ITA 344/PAT/2024[2018-19]Status: DisposedITAT Patna13 Jan 2025AY 2018-19

Bench: Shri Sonjoy Sarma & Shri Sanjay Awasthii.T.A. No.344/Pat/2024 Assessment Year: 2018-19 Raj Kishor Prasad………….. ………...…..…………………....Appellant Station Road, Harnaut, Nalanda, Bihar – 803110. [Pan: Bpkpp0668B] Vs. Assessment Unit, Income Tax Department............................…..…..... Respondent Appearances By: Shri Ajay Kr. Rastogi, Ar, Appeared On Behalf Of The Appellant. Shri Ashwani Kr. Singal, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 08, 2025 Date Of Pronouncing The Order : January 13, 2025 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 12.01.2024 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. At The Outset, The Registry Has Informed That There Is A Delay Of 16 Days In Filing The Appeal. The Assessee Filed An Application For Condonation Of Delay Stating Reasons For Such Delay. After Considering The Application, We Find Reasonable Cause Therein. We, Therefore, Condone The Delay In Filing The Appeal & Adjudicate The Appeal On Merits Of The Case. 3. Brief Facts Of The Case Are That An Information Was Received From The Insight Portal Which Suggested That The Income Chargeable To Tax Has Escaped Assessment In The Case Of The Assessee For The Assessment

Section 139Section 148Section 249(4)(b)Section 250Section 68

provisions of section 249(4)(b) of the Act, it is mandatory to require to pay an amount equal to the amount of advance tax which was payable by the assessee if no return of income has been filed. Since the assessee did not able to file return of income

Hingora Ali Mohd Vali Mohd, Parbhani Maharashtra vs. Income Tax Office Ward Hingoli, Parbhani Maharashtra

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

ITA 2143/PUN/2024[2017-18]Status: DisposedITAT Pune10 Jan 2025AY 2017-18

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2143/Pun/2024 िनधा"रण वष" / Assessment Year: 2017-18 Hingora Ali Mohd Vali Mohd, V The Income Tax Officer, Opp. Amol Petrol Pumb, S Ward Hingoli, Parbhani, Basmath Road, Karegaon, Maharashtra. Parbhani – 431902. Pan: Anopk6751F Appellant / Assessee Respondent / Revenue Assessee By Shri Rajendra Agiwal– Ar Revenue By Shri Akhilesh Srivastava – Addl.Cit(Dr) Date Of Hearing 07/01/2025 Date Of Pronouncement 10/01/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeals)[Nfac] Passed Under Section 250 Of The Income-Tax Act, 1961 For Assessment Year 2017-18; Dated 14.08.2024, Emanating From Assessment Order Under Section 144 Of The Act, Dated 27.12.2019. The Assessee Has Raised The Following Grounds Of Appeal : “1. In The Facts & Circumstances Of The Case & In Law The Ld.Cit(A) Erred In Dismissing The Appeal As Non-Admitted U/S 249(4) Of The Act.

Section 144Section 208Section 249(4)Section 249(4)(b)Section 250Section 270ASection 271ASection 44A

facts circumstances of the case and in law the Ld.CIT(A) erred in not appreciating the fact and law that the liability to pay advance tax as per section 208 arises only when the tax payable is Rs.10,000 and more. 3. In the facts circumstances of the case ... Ld.CIT(A) ought to have taken a liberal view that the appellant is not liable for payment of advance tax but for shortfall is Rs.285 and erred in dismissing the appeal without considering the merits. 4. In the facts circumstances of the case and in law the Ld.AO erred

Harjit Singh, Ludhiana vs. Income Tax Officer Ward 6(1), Mohali, Punjab

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

ITA 128/CHANDI/2024[2012-13]Status: DisposedITAT Chandigarh09 Jan 2025AY 2012-13

Bench: SHRI. VIKRAM SINGH YADAV, AM आयकर अपील सं . / ITA No.128/Chd/2024 निर्धारण वर्ष / Assessment Year : 2012-13 Harjit Singh C/o M/s VV Bhalla & Company, E-64, Rishi Nagar, Ludhiana- 141001 स्थायी लेखा सं./PAN NO: BLAPS8802E अपीलार्थी/Appellant बनाम The ITO Ward 6(1), Mohali प्रत्यर्थी / Respondent निर्धारिती की ओर से/Assessee by : Shri Pankaj Bhalla, C.A राजस्व की ओर से / Revenue by : Shri Vivek Vardhan, JCIT सुनवाई की तारीख/Date of Hearing : 01/01/2025 उदघोषणा की तारीख/Date of Pronouncement :

For Appellant: Shri Pankaj Bhalla, C.AFor Respondent: Shri Vivek Vardhan, JCIT
Section 144Section 148Section 249(4)Section 249(4)(b)

returned by him and in a case where no return has been filed, the assessee has paid the amount equal to the amount of advance tax which was payable by him. It was submitted that the requirement of the statute therefore relates to the admitted tax and not to dispute ... that the matter be remitted to the file of the ld CIT(A) who shall consider the explanation of the assessee in terms of advance tax liability u/s 249(4) and all the contentions raised before us are thus left open. Where the same is found to be in order

Gurmukh Singh Sandhu, Vpo Manuke vs. Income Tax Officer (OSD)-2, Jagraon

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

ITA 496/CHANDI/2024[2011-12]Status: DisposedITAT Chandigarh02 Jan 2025AY 2011-12

Bench: Shri Sanjay Gargआयकर अपील सं./ Ita No. 496/Chd/2024 "नधा"रण वष" / Assessment Year : 2011-12 बनाम Gurmukh Singh Sandhu, The Ito (Osd-2), Near B. D. Public School, Jagraon, Vpo Manuke, Tehsil Jagraon, Ludhiana 142034 "थायी लेखा सं./Pan No: Bqrps5927C अपीलाथ"/Appellant ""यथ"/Respondent ( Virtual Hearing ) "नधा"रती क" ओर से/Assessee By : Shri Ashwani Kumar, Ca राज"व क" ओर से/ Revenue By : Sh. Vivek Vardhan, Jcit सुनवाई क" तार"ख/Date Of Hearing : 11.11.2024 उदघोषणा क" तार"ख/Date Of Pronouncement : 02.01.2025 आदेश/Order The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 14.03.2024 Passed By The Ld. Commissioner Of Income Tax, National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As ‘Cit(A)’], For The Assessment Year 2011- 12. Ita No.496-Chd-2024 Gurmukh Signh Sandhu, Ludhiana 2 2. The Assessee Is Aggrieved By The Action Of The Ld. Cit(A) In Confirming The Addition Of Rs. 31,89,350/- On Account Of Unexplained Cash Deposits In The Bank Accounts Of The Assessee. The Assessing Officer During The Assessment Proceedings Noted That The Assessee Had Deposited An Amount Of Rs. 31,89,350/- In His Bank Accounts (Rs. 25,75,000 With Bank Of Baroda & Rs. 6,14,350/- In Hdfc Bank). The Assessing Officer Treated The Aforesaid Amount As Unexplained Income Of The Assessee & Made The Impugned Addition.

For Appellant: Shri Ashwani Kumar, CAFor Respondent: Sh. Vivek Vardhan, JCIT

income which was chargeable to tax as income was much below the taxable limit and as a result, there was no liability to pay advance tax by the Assessee. That the order passed by the Assessing Officer (A.O.) was an ex-parte order as the Assessee could not appear before ... having a taxable income because of the bank deposits in his bank accounts and further observed that the Assessee had not deposited the advance tax payable by him. He, therefore, did not adjudicate the appeal on merits but dismissed the appeal of the Assessee as not admissible for non-deposit