“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

Vanisri Mukta, Hyderabad vs. Income Tax Officer, Ward-9(1), Hyderabad

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

ITA 521/HYD/2024[2017-18]Status: DisposedITAT Hyderabad10 Oct 2024AY 2017-18

Bench: Shri Laliet Kumar, Hon’Ble & Shri Madhusudan Sawdia, Hon’Bleassessment Year – 2017-18 Vanisri Mukta Vs. Income Tax Officer Ward-9(1) Hyderabad Hyderabad Pan : Amrpm7019G (Appellant) (Respondent) Assessee By: Shri K.C.Devdas, Ld.Ar Revenue By: Shri Madan Mohan Meena, Ld.Dr 08.10.2024 Date Of Hearing: Date Of Pronouncement: 10.10.2024

For Appellant: Shri K.C.Devdas, Ld.ARFor Respondent: Shri Madan Mohan Meena, Ld.DR

Section 1Section 148Section 156Section 271(1)(c)Section 69

asked vide DIN & letter No. ITBA/NFAC/APL_1/2023-24/1058909922(1) dated 20.12.2023 to intimate whether it has made payment of tax – which includes element of advance tax also – in compliance to notice of demand u/s 156 of the Act and date of compliance was fixed for 27.12.2023 but the appellant failed to contradict ... information given at sl.no.9 of Form-35 and to prove that it has 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 correct and the appellant has not made

Nirma Limited, Ahmedabad vs. The Dcti, Circle-3(1)(1) Now DCIT, Central Circle-2(2), Ahmedabad

Appeal of the assessee is allowed

ITA 475/AHD/2023[2013-14]Status: DisposedITAT Ahmedabad09 Oct 2024AY 2013-14

Bench: Mrs. Annapurna Gupta & Ms. Suchitra R. Kambleिनधा"रण वष"/Assessment Year: 2013-14 Nirma Limited, The Dy. Commissioner Of Vs. Nirma House, Ashram Road, Income-Tax, Ahmedabad-380 009 Circle-3(1)(1), Pan : Aaacn 5350 K Ahmedabad-380009 अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "" "" यथ" "" "" यथ" यथ"/ (Respondent) यथ" Assessee By : Shri Bandish Soparkar, Ar Revenue By : Shri Sanjay Kumar, Sr Dr सुनवाई क" तारीख/Date Of Hearing : 11.07.2024 घोषणा क" तारीख /Date Of Pronouncement: 09.10.2024 आदेश आदेश/O R D E R आदेश आदेश Per Annapurna Gupta: Present Appeal Has Been Filed By The Assessee Against The Order Of The Commissioner Of Income-Tax (Appeals)-12, Ahmedabad [Hereinafter Referred To As "Cit(A)" For Short] Dated 10.04.2023 Passed Under Section 250 Of The Income-Tax Act, 1961 [Hereinafter Referred To As "The Act" For Short], For The Assessment Year (Ay) 2013-14. 2. The Effective Ground Raised By The Assessee Is As Follows:-

For Appellant: Shri Bandish Soparkar, ARFor Respondent: Shri Sanjay Kumar, Sr DR

Section 139Section 140ASection 143Section 143(1)Section 143(3)Section 156Section 199Section 206CSection 244ASection 244A(1)

following manner, namely :— 45[(a) where the refund is out of any tax collected at source under section 206C or paid by way of advance tax or treated as paid under section 199, during the financial year immediately preceding the assessment year, such interest shall be calculated at the rate ... Rs.27.37 lakhs 17.01.2017 Assessment Order 6-23 normal income @407 crores. Book Profit Rs.394 crores Tax payable 77.80 crore. Computation shows that credit of Advance Tax and Self Assessment tax is given full. TDS is short calculated 5 Nirma Limited Vs. DCIT AY : 2013-14 14.02:2017 154 order rectifying

Jeeta Ram, Faridabad vs. ITO Ward 1(3), Faridabad

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

ITA 1851/DEL/2024[2017-18]Status: DisposedITAT Delhi09 Oct 2024AY 2017-18

Bench: SHRI S. RIFAUR RAHMAN (Accountant Member), SHRI SUDHIR PAREEK (Judicial Member)

For Appellant: Shri Sanjay Tiwari, CAFor Respondent: Shri Om Parkash, Sr. DR

Section 142(1)Section 144Section 147Section 148Section 69A

observing that since the assessee has not filed return of income as well as not paid an amount equal to the amount of advance tax which was payable by him. 4. Aggrieved assessee is an appeal before us raising following grounds of appeal:- “1. The learned Income NFAC. has grossly ... contrary to the principle of natural justice. He further submitted that ld. CIT(A) rejected the appeal on the ground of non-deposit of advance tax u/s. 249(4)(B) of the Act, but he failed to appreciate that advance tax in the form of TDS of Rs.3

Templeton Income Trust Templeton Global Bond Fund, Mumbai vs. The Deputy Commissioner of Income Tax (International Taxation ), Circle 4(1)(2), Mumbai

The appeal of the assessee are allowed

ITA 2508/MUM/2024[2023-24]Status: DisposedITAT Mumbai07 Oct 2024AY 2023-24

Bench: Shri Prashant Maharishi, Am & Shri Sunil Kumar Singh, Jm A.Y.2023-24 Templeton Income Trust The Dcit, Templeton Global Bond Fund, (International Taxation), 300 Se, 2Nd Street Fort Circle 4(1)(2), 17Th Floor Lauderdale, Florida-33301 Vs. United States Of America Air India Building, Nariman Point, Mumbai-400021 (Appellant) (Respondent) Pan Aabtt 3867F Assessee By None Revenue By Shri Anil Sant Addl. Cit(Dr) 22Nd July, 2024 Date Of Hearing 07Th October, 2024 Date Of Pronouncement

Section 115JSection 143Section 154Section 194LSection 196DSection 234CSection 89Section 90Section 90ASection 91

income furnished by the assessee for the assessment year commencing on the 1st day of April immediately following the financial year in which the advance tax is paid or payable, as reduced by the amount of,— (i) any tax deductible or collectible at source in accordance with the provisions

Mr. Kantilal Laxmichand Jain, Ahmedabad vs. The ITO, Ward-1(2)(3), Ahmedabad

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

ITA 800/AHD/2024[2014-15]Status: DisposedITAT Ahmedabad03 Oct 2024AY 2014-15

Bench: Ms. Suchitra Kamble, Judical Member & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. Nos. 799 & 800/Ahd/2024 (िनधा"रण वष" / Assessment Years : 2013-14 & 2014-15) बनाम/ Mr. Kantilal Laxmichand Ito Jain Ward - 1(2)(3), Vs. 22 Jakorbal Chamber, Opp. Ahmedabad Madhubaug Panchkuwa, Ahmedabad, Gujarat, 380002 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Abbpj6013E (Appellant) .. (Respondent) अपीलाथ" ओर से /Appellant By : Shri Malay Kalavadia, A.R. ""यथ" क" ओर से/Respondent By : Shri C Dharani Nath, Sr. Dr 19/09/2024 Date Of Hearing Date Of Pronouncement 03/10/2024 O R D E R Per Shri Narendra Prasad Sinha, Am: These Two Appeals Are Filed By The Assessee Against The Orders Of The National Faceless Appeal Centre (Nfac), Delhi, (In Short ‘The Cit(A)’), Dated 29.12.2023 & 28.12.2023 For The Assessment Years 2013-14 & 2014-15 Respectively.

For Appellant: Shri Malay Kalavadia, A.RFor Respondent: Shri C Dharani Nath, Sr. DR

Section 144Section 147Section 148Section 249Section 249(4)Section 69A

respectfully submits that Hon'ble CIT(A) grossly erred in dismissing the appeal filed by the Appellant on the ground that non payment of advance tax renders appeal to be dismissed under section 249/4) of the Act without considering the fact that Appellant was not required to pay advance tax ... dismissing an appeal is applicable only where assessee has failed to deposit tax on undisputed tax liability and not where Appellant has not deposited advance tax or self-assessment tax on disputed tax liability. 3. Ground No. 3-Hon'ble CIT(A) erred in not adjudicating addition

Mr. Kantilal Laxmichand Jain, Ahmedabad vs. The ITO, Ward-1(2)(3), Ahmedabad

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

ITA 799/AHD/2024[2013-14]Status: DisposedITAT Ahmedabad03 Oct 2024AY 2013-14

For Appellant: Shri Malay Kalavadia, A.RFor Respondent: Shri C Dharani Nath, Sr. DR

Section 144Section 147Section 148Section 249Section 249(4)Section 69A

Vengali Abdul Khader, Pattambi vs. ACIT, Central Circle, Thrissur

In the result, the appeal of the assessee is allowed

ITA 46/COCH/2024[2018-2019]Status: DisposedITAT Cochin03 Oct 2024AY 2018-2019

Bench: Shri Waseem Ahmed & Shri Soundararajan K.Vengali Abdul Khader Acit, Central Circle Vilayur West, Poottapalam Aayakr Bahvan, S.T. Nagar Vs. Pattambi 679309 Shaktanthampural Nagar [Pan: Afupa3774J] Thrissur - 680001 (Appellant) (Respondent)

For Appellant: Shri Shaji Paulose, CAFor Respondent: Shri Sanjit Kumar Das, CIT-DR

Section 132Section 132BSection 139Section 234ASection 234B

section 132B of the Act, though it transpires that the assets seized can be adjusted against any existing liability under the Act and advance tax may not be an existing liability, however, in our view, self assessment tax is certainly an existing 4 Vengali Abdul Khader liability created ... interest u/s. 234B of the Act has to be computed from first day of April following the financial year, for which, advance tax was required to be paid. At this stage, we must observe, in a dispute of identical nature arising in case of assessee’s brother, the Tribunal while

Kuldeep Makhija, Pune vs. ITO, Ward 10(3), Pune

The appeal is DISMISSED with aforestated cost

ITA 946/PUN/2024[2012-13]Status: DisposedITAT Pune01 Oct 2024AY 2012-13

Bench: Hon’Ble Shri G. D. Padmahshali & Hon’Ble Shri Vinay Bhamoreassessment Year : 2012-13 Kuldeep Makhija C/O Ghanshyam Shivnani, P/4-903, Oxford Village Premiums, Kedari Nagar, Pune-411040 Pan: Alnpm7224Q. . . . . . . . Appellant

For Appellant: Smt Deepa Khare [‘Ld. AR’]For Respondent: Mr Umesh Phade [‘Ld. DR’]

Section 144Section 147Section 148Section 250Section 253Section 253(1)

applicable law and resultant tax liability be arrived only after adjusting prepaid taxes standing to the credit of the appellant in the form of advance tax or taxes deducted at sources etc., (if any) and consequential tax payable by the appellant or refund due to him (if any) be effected

Mstc Ltd, Kolkata vs. Jurisdictional Assessing Officer, Cir-1(1), Kolkata.

In the result, the appeal of the assessee is dismissed

ITA 623/KOL/2024[2021-22]Status: DisposedITAT Kolkata01 Oct 2024AY 2021-22

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishraassessment Year: 2021-22

For Appellant: Shri Prasun Bhattacharya, ARFor Respondent: Shri Manjeet Singh, CIT, DR

Section 143(1)Section 143(3)Section 144BSection 154Section 250

such loss and claiming refund of Rs. 144150124 arising out of TDS and TCS effected for Rs.110856751 and Rs. 793373, respectively along with Advance Tax paid for Rs. 32500000. Hence refund of Rs. 144150124 with interest stood payable to the Assessee.” The return of the assessee has been processed

Shiv Kumar, Rohtak vs. Income Tax Officer, Ward (4), Rohtak

In the result, impugned order is set aside, appeal of the assessee is allowed for statistical purpose

ITA 900/DEL/2024[2017-18]Status: DisposedITAT Delhi01 Oct 2024AY 2017-18

Bench: Shri Vikas Awasthyआअसं.900/िद"ी/2024 (िन.व. 2017-18) Shiv Kumar, H.No. 313/21, Old Housing Board Colony, Rohtak, Haryana 124001 ...... अपीलाथ"/Appellant Pan: Edgpk-2501-F

For Appellant: Ms. Sanju Kumari, AdvocateFor Respondent: Shri Sanjay Kumar , Sr. DR

Section 144Section 249(4)(b)Section 69A

dismissed appeal of the assessee at the outset on the ground that the assessee has failed to fulfill condition of payment of advanced tax in accordance with the provisions of section 249(4)(b) of the Income Tax Act, 1961 (hereinafter 2 referred to as 'the Act’). She stated that ... stated that the gross total income of the assessee including income under business head and interest from savings was Rs.1,47,030/-. Therefore, no advance tax was liable to be paid by the assessee. An addition of Rs.10,30,000/- was made by the Assessing Officer (AO), on account

The Deputy Commissioner of Income Tax, Circle - 2(1), Mangalore vs. Karnataka Bank Limited., Mangalore

In the result, the appeal of the assessee is partly allowed for statistical purposes and the revenue’s appeal is dismissed

ITA 161/PAN/2019[2015-16]Status: DisposedITAT Bangalore30 Sept 2024AY 2015-16

Bench: Shri Laxmi Prasad Sahu & Shri Soundararajan K., Judciial Member Assessment Year : 2015-16

For Appellant: Shri Ananthan S. & Smt. Lalitha Rameswaran, CAsFor Respondent: Shri D.K. Mishra, CIT(DR)(ITAT), Bengaluru

Section 115JSection 14ASection 234BSection 36(1)(vii)Section 36(1)(viia)Section 40Section 41(4)

Supreme Court was dealing with the issue of changeability of interest under sections 234B and 234C of the Act on failure to pay advance tax in respect of tax payable under section 115JA/115JB of the Act and therefore, the aforesaid decision has no impact on the issue involved in this

M/S. Karnataka Bank Limited, Mangaluru vs. The Deputy Commissioner of Income Tax. Circle- 2(1), Mangaluru

In the result, the appeal of the assessee is partly allowed for statistical purposes and the revenue’s appeal is dismissed

ITA 1107/BANG/2019[2015-16]Status: DisposedITAT Bangalore30 Sept 2024AY 2015-16

Bench: Shri Laxmi Prasad Sahu & Shri Soundararajan K., Judciial Member Assessment Year : 2015-16

For Appellant: Shri Ananthan S. & Smt. Lalitha Rameswaran, CAsFor Respondent: Shri D.K. Mishra, CIT(DR)(ITAT), Bengaluru

Section 115JSection 14ASection 234BSection 36(1)(vii)Section 36(1)(viia)Section 40Section 41(4)

M/S Raj Kumar Singh & Co., Lucknow vs. Dy. Commissioner of Income Tax, Lucknow

In the result, the appeal of the assessee is partly allowed

ITA 1288/LKW/1993[1990-91]Status: DisposedITAT Lucknow26 Sept 2024AY 1990-91

Bench: Shri Sudhanshu Srivastava & Shri Anadee Nath Misshra

under the head "reserve and surplus" and the figures of current liabilities and provisions at Rs.1,23,849/- are mainly represented by TDS and Advance Taxes at Rs.1,51,03,537/-. 5.8 In the reply dated 3.12.92, the assessee has tried to establish the business purposes of borrowings by stating

Udaysingh Shankarrao Patil, Kavane vs. Income Tax Officer Ward 1(5), Kolhapur

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

ITA 1658/PUN/2024[2012-12]Status: DisposedITAT Pune25 Sept 2024AY 2012-12

Bench: Shri Satbeer Singh Godara & Shri Inturi Rama Raoआयकर अपील सं. / Ita No.1658/Pun/2024 "नधा"रण वष" / Assessment Year : 2012-13

For Appellant: Shri Pramod S. ShingteFor Respondent: Shri B.S. Rajpurohit

Section 139(1)Section 144Section 148Section 249(4)(b)Section 250

Being aggrieved, an appeal was filed before the CIT(A)/NFAC who vide impugned dismissed the appeal in limine for non payment of advance tax invoking the provisions of section 249(4)(b) of the Act. 4. Being aggrieved, the appellant is in appeal before us in the present appeal ... submits that but for the addition made in the assessment there was no obligation on the part of the appellant to pay the advance tax. The provisions of section 249(4)(b) of the Act have no application to the facts of the present case. The assessee was not required

State Board of Technical Education and Training Ap, Vijayawada vs. Deputy Commissioner of Income Tax, Circle-1(1), Vijayawada

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

ITA 147/VIZ/2024[2016-17]Status: DisposedITAT Visakhapatnam25 Sept 2024AY 2016-17

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./ I.T.A. No. 147/Viz/2024 (िनधा"रण वष" / Assessment Year:2016-17) State Board Of Technical Vs. The Dy. Commissioner Of Education & Training Ap, Income Tax, Vijayawada. Circle-1(1), Pan: Aawas9250P Vijayawada. (अपीलाथ"/ Appellant) (""यथ"/ Respondent) अपीलाथ" क" ओर से/ Appellant By : Sri Gvn Hari, Ar ""याथ" क" ओर से / Respondent By : Dr. Aparna Villuri, Sr. Ar सुनवाई क" तारीख / Date Of Hearing : 11/09/2024 घोषणा क" तारीख/Date Of : 25/09/2024 Pronouncement O R D E R

For Appellant: Sri GVN Hari, ARFor Respondent: Dr. Aparna Villuri, Sr. AR

Section 139Section 142(1)Section 144Section 147Section 148Section 249(4)(b)Section 271(1)(c)Section 69A

appeal shall not be admitted, unless the appellant has paid an amount equal to the amount of advance tax which was payable by him if no return of income has been filed. In the present case, the appellant did not file return of income. The AO arrived at the total ... income of Rs. 1,59,00,000/- and computed the tax payable at Rs. 1,32,06,312/- which included the advance tax payable by the appellant. On or before filing the present appeal, the appellant has failed to make the required payment of the amount equal to the amount

Asian Earth Movers, Bellary vs. Income Tax Officer, Ward 1 & Tps, Bellary

In the result, the appeal is allowed for statistical purposes

ITA 136/BANG/2024[2018-19]Status: DisposedITAT Bangalore24 Sept 2024AY 2018-19

Bench: Shri Laxmi Prasad Sahu & Shri Keshav Dubeyassessment Year : 2018-19

For Appellant: Shri B.S. Balachandran, AdvocateFor Respondent: Shri V. Parithivel, Jt. CIT(DR)(ITAT), Bengaluru

Section 139(1)Section 144BSection 147Section 148Section 234ASection 249(4)Section 270ASection 272A(1)(d)

noted that assessee has not filed return of income as well as not paid the amount equal to the amount of advance tax which was payable by it and dismissed the Page 4 of 5 appeal as unadmitted and infructuous. Aggrieved, the assessee is in appeal before the ITAT ... been set off towards loss, therefore there is no income for the relevant assessment year. Resultantly there is no liability for payment of any advance tax. So the ld. CIT(Appeals) has gone on wrong footing. 5. The ld. DR relied on the order of the lower authorities. 6. Considering

Shri Pawan Kumar Ruia., Kolkata vs. DCIT, Cir- 30, Kolkata.

In the result, the appeal is allowed

ITA 1197/KOL/2023[2014-15]Status: DisposedITAT Kolkata23 Sept 2024AY 2014-15

Bench: Shri Sanjay Garg & Shri Sanjay Awasthii.T.A. No.1197/Kol/2023 Assessment Year: 2014-15 Shri Pawan Kumar Ruia…..…….…....…………….......…....………....Appellant 5, Sunny Park, Kolkata – 700019. [Pan: Acnpr3823K] Vs. Dcit, Circle-30, Kolkata.......................................................…..…..... Respondent Appearances By: Shri Manoj Kataruka, Advocate, Appeared On Behalf Of The Appellant. Shri Sailen Samadder, Addl. Cit, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : July 30, 2024 Date Of Pronouncing The Order : September 23, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 11.09.2023 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. The Sole Issue Involved In This Appeal Is Relating Non-Credits Of Tds Of Rs.95,80,949/- Out Of Total Tds Claim Of Rs.2,18,82,526/-. 3. The Brief Facts Of The Case Are That The Assessee Is An Individual & Derived Salary Income & Income From Other Sources. The Assessee Filed Its Return Of Income On 17.07.2014 Declaring A Total Income Of Rs.6,52,52,390/-. The Assessment Was Completed U/S 143(3) Vide Order Dated 17.12.2016 At A Total Income Of Rs.6,86,66,708/-. The Assessee

Section 143(3)Section 250

adjustment of the tax, interest and fee, if any, computed under (b) by any tax deducted at source, any tax collected at source, any advance tax paid, any relief allowable under section 89, any relief allowable under an agreement under section 90 or section 90A, or any relief allowable under ... amount payable or refundable to the assessee after adjusting the amount of any tax deducted at source, any tax collected at source, any advance tax paid, any relief allowable u/s.89 etc. from the amount of tax determined under clause (b). Essence of clause (c) of section

Export Import Bank of India, Mumbai vs. Addl. Jt. Dy. Asst. CIT Income Tax Officer, NFAC, Delhi

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

ITA 2917/MUM/2024[2014-2015]Status: DisposedITAT Mumbai23 Sept 2024AY 2014-2015

Bench: Shri Amarjit Singh, Hon’Ble & Shri Anikesh Banerjee, Hon’Bleassessment Year: 2014-15 Export Import Bank Of India Pcit, Mumbai-3, Mumbai World Trade Centre Complex, Vs Centre One Building, Floor 21, Colaba S.O., Mumbai-400005. Pan: Aaace 2769 D (Appellant) (Respondent)

For Appellant: Ms. Aarti VissanjiFor Respondent: Shri Solgy Jose T. Kottaram, CIT, DR

Section 143(3)Section 147Section 36(1)Section 36(1)(viia)

delete the interest charged u/s. 234B of the Act of Rs.22,65,18,432/- without considering the fact that the advance tax paid by the appellant is more than 90% of assessed tax computed on the basis of income assessed vide Order of assessment dated 25/03/2022 passed

Abbott Healthcare Private Limited, Mumbai vs. Assistant Commissioner of Income Tax, Circle 2(1)(1), Mumbai

In the result, Ground No. 3 with its Sub-Grounds is allowed for statistical purposes

ITA 2756/MUM/2024[2019-20]Status: DisposedITAT Mumbai23 Sept 2024AY 2019-20

Bench: Shri Narender Kumar Choudhry & Shri Gagan Goyalabbott Healthcare Pvt. Ltd. 3, Corporate Park, Sion Trombay Road, Mumbai - 400 071 Pan: Aaack3935D ..... Appellant Vs. Acit 2(1) (1) R. No. 561, 5Th Floor, Aayakar Bhavan, Maharishi Karve Marg, Mumbai- 400 020 ..... Respondent & Acit 2(1) (1) R. No. 561, 5Th Floor, Aayakar Bhavan, Maharishi Karve Marg, Mumbai- 400 020 ...... Appellant Vs.

For Appellant: Shri Madhur Agrawal, Ld. ARFor Respondent: Shri Manoj Kumar Sinha, Ld. DR

Section 143(1)Section 250Section 43B

tax , interest and fee, if any, computed under clause (b) by any tax deducted at source, any tax collected at source, any advance tax paid, any relief allowable under section 89, any relief allowable under an agreement under section 90 or section 90A, or any relief allowable under section

DCIT, CC-2(4), Chennai vs. V.Baskaran, Chennai

In the result, the appeal filed by the assessee in IT(SS)A No

ITA 604/CHNY/2021[2017-18]Status: DisposedITAT Chennai20 Sept 2024AY 2017-18

Bench: Shri Mahavir Singhand Shri S.R. Raghunatha

For Appellant: Shri K. Ravi, AdvocateFor Respondent: Shri A.P. Srinivas, Sr. Standing Counsel

Section 132Section 142(1)Section 143(3)Section 144Section 158B

appeal. 13. The next issue in this appeal of assessee is as regards to the block assessment order of the AO making addition of advance tax payment of Rs.1.03 lakhs. For this assessee has raised following ground Nos.15 & 16:- Advance Tax Payment : Rs.1.30 Lakhs 15. The Learned Assessing Officer ... based on any evidence found as a result of search. 16. The Learned Assessing Officer has erred in making the addition of advance tax payment, which is not an undisclosed income at all. If at all, it only shows the intention of the Appellant to disclose his income