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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

Rameshkumar Kanaiyalal Patel, Mehsana vs. The ITO, Ward-1, Mehsana

In the result, appeal of the assessee is allowed

ITA 208/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad19 Sept 2024AY 2017-18

Bench: Ms. Suchitra Kambleassessment Year: 2017-18

Section 129Section 142(1)Section 143(2)Section 143(3)Section 144Section 147Section 148Section 234ASection 234BSection 234C

submitted that when the cash was seized during the course of search is required to be adjusted against taxes which were due including the advance tax for the purpose of computation of the interest under Section 234A, 234B & 234C of the Act. The Department has to adjust the seized amount ... towards the advance tax from the date when it was seized. Therefore, the CIT(A) was not right in confirming the interest. 6. The Ld. DR, as regards ground no.3, submitted that the CIT(A) has categorically given the finding that the notice under Section

Ketan Arvind Deshpande, Nanded vs. Income Tax Officer Ward(1) Nanded, Nanded

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 118/PUN/2024[2014-15]Status: DisposedITAT Pune19 Sept 2024AY 2014-15

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2014-15

For Appellant: Shri Pramod S ShingteFor Respondent: Shri Ramnath P Murkunde
Section 147Section 148Section 149Section 249(4)Section 69A

assessee on the ground that the assessee has not filed return as well as not paid an amount equal to the payment of advance tax which was payable by it. The relevant observations of the CIT(A) / NFAC read as under: “Since the appellant has failed to contradict the 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 payment

Mr. Devinder Singh, Navi Mumbai vs. Income Tax Officer, Mumbai

In the result, appeal filed by the assessee is dismissed as withdrawn

ITA 3574/MUM/2024[2016-17]Status: DisposedITAT Mumbai19 Sept 2024AY 2016-17

Bench: Shri. Gagan Goyal & Shri. Raj Kumar Chauhanmr. Devinder Singh Vs. Income Tax Officer, Mumbai Flat No. 302, A Wing, Bhagwati Office Of The Income Tax Imperia, Plot No. 01, Sector 09, Officer, Int. Tax Ward 4(2)(1), Ulwe, Navi Mumbai – 410206. Room No. 1708, 17Th Floor, Air Pan: Bieps5253G India Building, Nariman Point, Mumbai – 400021. (Appellant) (Respondent)

Section 115BSection 139(1)Section 142(1)Section 144CSection 147Section 234ASection 234BSection 271ASection 69

234B of the IT Act.1961. Assessee is nonresident seafarer and his total income is below the basic exemption limit. Thus, not liable to pay Advance Tax. 7. In adequate time provided for responding to show cause notice u/s 142(1) r.w.s. 129 issued by A.O. Show cause notice was issued

Tamilnadu Industrial Development Corporation Limited, Chennai vs. DCIT Corp Circle 3(1), Chennai

In the result, the appeal of the assessee is allowed

ITA 1036/CHNY/2024[2018-19]Status: DisposedITAT Chennai18 Sept 2024AY 2018-19

Bench: Shri S.S. Viswanethra Ravi, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकरअपीलसं./Ita No.: 1036/Chny/2024 िनधा"रणवष" / Assessment Year: 2018-19 M/S. Tamilnadu Industrial The Deputy Commissioner Of Development Corporation Limited, V. Income Tax, 19-A, Rukminilakshmipathy Road, Corporate Circle 3(1), Egmore, Chennai – 600 008. Chennai – 600 034. [Pan:Aaact-3409-P] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ"क"ओरसे/Appellant By : Shri. R. Vijayaraghavan, Advocate ""यथ"क"ओरसे/Respondent By : Shri. Clement Ramesh Kumar, Cit सुनवाईकीतारीख/Date Of Hearing : 23.07.2024 घोषणाकीतारीख/Date Of Pronouncement : 18.09.2024

For Appellant: Shri. R. Vijayaraghavan, AdvocateFor Respondent: Shri. Clement Ramesh Kumar, CIT
Section 143(3)Section 18Section 234CSection 28Section 43Section 43B

assessed income is only a loss. 2. Even as per the return of income filed there was no positive income liable to pay any advance tax and the returned income is only a loss. Since there was no liability to pay any advance tax the levy of interest u/s. 234C

Iqvia Rds (India) Private Limited, Bangalore vs. Deputy Commissioner of Income Tax, Circle-3(1)(1), Bangalore

In the result, the appeal filed by the assessee stands partly allowed for statistical purposes

ITA 1417/BANG/2024[2022-23]Status: DisposedITAT Bangalore13 Sept 2024AY 2022-23

Bench: Shri Laxmi Prasad Sahu & Shri Soundararajan K.Assessment Year : 2022-23

For Appellant: Smt. Vaidehi Govindarajan, CAFor Respondent: Shri Subramanian .S, JCIT (DR)
Section 143(1)Section 143(1)(a)Section 234CSection 250

issued. The assessee challenged the said intimation before the Ld.CIT(A) on the ground that the advance tax amount was not taken into consideration while processing the intimation Page 2 of 5 and the entire TDS amount was not taken into consideration while giving credit to the TDS amount

ACIT Circle 54(1), New Delhi vs. Swadesh Kumar Mishra, Gurgaon

In the result, appeal filed by the assessee i

ITA 6043/DEL/2019[2009-10]Status: DisposedITAT Delhi11 Sept 2024AY 2009-10

Bench: SHRI S.RIFAUR RAHMAN (Accountant Member), SHRI YOGESH KUMAR U.S. (Judicial Member)

Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 144(1)Section 145(3)Section 24Section 40Section 40A(3)

Income Tax Act, 1961. The bifurcation of the same is as under: a. Taxes payable Rs. 9,69,600/- b. Default in payment of advance tax (Sec. 224B) Rs.38,784/- c. Default in payment of advance tax (Sec. 234C) Rs.35,871/- 33. The AO also noted that even until

Sh. Karam Chand, Mansa vs. Pr.CIT (Central), Ludhiana

In the result, the appeal of the assessee is allowed

ITA 341/CHANDI/2023[2018-19]Status: DisposedITAT Chandigarh10 Sept 2024AY 2018-19

Bench: SHRI. AAKASH DEEP JAIN (Vice President), SHRI. VIKRAM SINGH YADAV (Accountant Member)

For Appellant: Shri Sudhir Sehgal, AdvocateFor Respondent: Smt. Amanpreet Kaur, Sr. DR
Section 115BSection 143(2)Section 143(3)Section 263Section 69B

wherein no credit has been taken of the amount of Rs. 86,77,500/- and the amount of Rs. 45,75,000/- paid as advance tax has been debited to the capital account under the head advance tax. It was submitted that the AO, after calling for the necessary information

Sree Sai Sameera Pharmacy, Nandigama vs. Income Tax Officer, Ward-1(1), Vijayawada

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

ITA 103/VIZ/2024[2018-19]Status: DisposedITAT Visakhapatnam10 Sept 2024AY 2018-19

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./ I.T.A. No. 103/Viz/2024 (िनधा"रण वष" / Assessment Year: 2018-19) Sree Sai Sameera Pharmacy, Vs. Income Tax Officer, 22-135, Ankamma Temple Street, Ward-1(1), Nandigama, Krishna District, Vijayawada. Andhra Pradesh – 521185. Pan: Acvfs1385F (अपीलाथ"/ Appellant) (""यथ"/ Respondent) अपीलाथ" क" ओर से/ Appellant By : Sri C. Subrahmanyam, Ar ""याथ" क" ओर से / Respondent By : Dr. Aparna Villuri, Sr. Ar सुनवाई क" तारीख / Date Of Hearing : 22/07/2024 घोषणा क" तारीख/Date Of : 10/09/2024 Pronouncement O R D E R

For Appellant: Sri C. Subrahmanyam, ARFor Respondent: Dr. Aparna Villuri, Sr. AR
Section 142(1)Section 144Section 144BSection 147Section 148Section 249(4)Section 249(4)(b)Section 250Section 69A

appeal shall not be admitted, unless the appellant has paid an amount equal to the amount of advance tax which was payable. As the applicable advance tax has not been paid by the appellant before filing of the appeal, the present appeal shall not be admitted. Therefore, the present appeal ... dismissing the assessee’s appeal, erroneously relied on section 249(4) of the Act, stating that the appeal cannot be admitted unless advance tax is paid. This finding is legally flawed as the assessee firm incurred losses and consequently did not file a return of income. Therefore

Griffin Marine Travel Private Limited (Amalgamated With Instone India Private Limited), Mumbai vs. ACIT Circle (1)(1), Mumbai

In the result, the appeal of the assessee for AY 2015-16 is allowed

ITA 4197/MUM/2023[2015-16]Status: DisposedITAT Mumbai10 Sept 2024AY 2015-16

Bench: Shri Anikesh Banerjee, Jm & Ms Padmavathy S, Am

For Appellant: Shri Kumar Kale, Adv
Section 143(3)Section 147Section 148Section 210

further drew our attention to the letter filed before the AO on 13.02.2017 in response to notice under section 210 for payment of advance tax in which the assessee has brought to the notice of the AO about the amalgamation. Therefore, the ld. AR argued that the AO is very ... assessee from raising this contention since there is no estoppel against law. In assessee's case when notice under section 210 for payment of advance tax was issued, the assessee has written to the AO stating that it is amalgamated with the Instone India Pvt. Ltd. However, vide notice under

Griffin Marine Travel Private Limited (Amalgamated With Instone India Private Limited), Mumbai vs. ACIT Circle(1)(1), Mumbai

In the result, the appeal of the assessee for AY 2015-16 is allowed

ITA 4196/MUM/2023[2013-14]Status: DisposedITAT Mumbai10 Sept 2024AY 2013-14

Bench: Shri Anikesh Banerjee, Jm & Ms Padmavathy S, Am

For Appellant: Shri Kumar Kale, Adv
Section 143(3)Section 147Section 148Section 210

further drew our attention to the letter filed before the AO on 13.02.2017 in response to notice under section 210 for payment of advance tax in which the assessee has brought to the notice of the AO about the amalgamation. Therefore, the ld. AR argued that the AO is very ... assessee from raising this contention since there is no estoppel against law. In assessee's case when notice under section 210 for payment of advance tax was issued, the assessee has written to the AO stating that it is amalgamated with the Instone India Pvt. Ltd. However, vide notice under

Adp Private Limited, Hyderabad vs. DCIT, Circle -1 (1), Hyderabad

In the result, ground 4 of the assessee is partly allowed and ground

ITA 95/HYD/2022[2017-18]Status: DisposedITAT Hyderabad09 Sept 2024AY 2017-18

Bench: Shri Prakash Chand Yadav & Shri Madhusudan Sawdia

For Appellant: Shri Nageswar Rao, AdvocateFor Respondent: : Shri Kumar Pranav, CIT-DR
Section 115JSection 142(1)Section 143(2)Section 92C

reproduced hereunder : “ 7.6 However, the A.O. has not given any reason in the impugned order for not granting credit of TDS and advance tax as claimed by the assessee in its return of income. In view of the above facts and following the above directions of the Hon'ble ITAT ... Assessing Officer is directed to grant the credit of TDS and advance tax after considering the evidences filed by the assessee and decide the issues in accordance with law after providing opportunity of being heard to the assessee. accordingly, the grounds Nos.3 to 8 are treated as allowed for statistical

Senbo Engineering Limited, Kolkata vs. DCIT, Cir-11, Kolkata.

ITA 1377/KOL/2023[2007-08]Status: DisposedITAT Kolkata09 Sept 2024AY 2007-08

Bench: Shri Sanjay Garg & Shri Rakesh Mishraassessment Years: 2007-08 Senbo Engineering Limited, Deputy Commissioner Of 87, Lenin Sarani, Vs Income Tax, Circle-11, Kolkata - 700013 Kolkata - 700013 (Pan: Aadcs6138B) (Appellant) (Respondent)

For Appellant: Shri S. Bhattacharya, ARFor Respondent: Shri Rakesh Kumar Das, CIT, DR
Section 143(3)Section 250Section 80Section 80I

computation u/s 115JB, the MAT payable came to Rs.65,88,190. As the TDS had been for Rs. 1,65,08,496 and advance Taxes of Rs. 20,50,000 had been paid, a sum of Rs.1,19,70,306 was shown as Refundable to the appellant, in the Return

Turab Ali Bohra, Bhilwara vs. ACIT Central Circle, Ajmer

ITA 704/JPR/2023[2019-20]Status: DisposedITAT Jaipur09 Sept 2024AY 2019-20
For Appellant: Sh. Mahendra Gargieya (V.C)For Respondent: Sh. Anoop Singh, Add. CIT
Section 131Section 132ASection 133ASection 142(1)Section 143(2)Section 143(3)Section 144BSection 234ASection 69A

आयकर अपीलीय अधिकरण, जयपुर न्यायपीठ, जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES, "B" JAIPUR डा० एस. सीतालक्ष्मी, न्यायिक

Red Hat India Pvt Ltd, Mumbai vs. Dy CIT Circle- 15 (3)(1), Mumbai

ITA 215/MUM/2020[2015-16]Status: DisposedITAT Mumbai09 Sept 2024AY 2015-16

Bench: Shri Gagan Goyal & Shri Raj Kumar Chauhanm/S. Red Hat India Pvt. Ltd., A-201, Supreme Business Park, Supreme City, Hiranandani Gardens, Powai, Mumbai – 400 076, Pan No. : Aabcr7091N. ….. Appellant

For Appellant: Shri Ajit Jain, Ms. Nikhila Bhalla and Archita Bhalla Ld. ARsFor Respondent: Shri Yogesh Kamat Ld. CIT-DR
Section 143(3)Section 144C(10)

extent of Rs. 2,31,921/- while computing the tax liability for the year; 2.8. The Ld. AO erred in not granting credit of advance tax paid amounting to Rs. 45,00,000/- while computing the tax liability for the year; 2.9. The Ld. AO erred on facts ... decided for statistical purposes in favour of the assessee. Ground No. 2.8 24. The assessee filed its ‘ROI’ on 28.11.2015, claiming an advance tax credit of INR 4,50,00,000/- which has not been granted in the Assessment Order. The assessee had filed an application under section

Sparsh Beauty Care Pvt. Ltd., Haryana vs. ITO Ward-2(4), Haryana

In the result, the appeals of the assesses are allowed

ITA 86/DEL/2021[2016-17]Status: DisposedITAT Delhi05 Sept 2024AY 2016-17

Bench: Dr. B. R.R. Kumar & Sh. Sudhir Kumarassessment Year: 2016-17 M/S. Punyah Building Vs Ito Materials Pvt. Ltd. Ward-2 (1) House No.1002, Near Talab Faridabad Shiv Colony, Old Faridabad Haryana Ballahgarh Haryana 122002 Pan No.Aagcp8742B (Appellant) (Respondent) Assessment Year: 2016-17 Sparsh Beauty Care Pvt. Ltd. Vs Ito Plot No.1066, Near Janta Barat Ward-2 (4) Ghar Baba Nagar, Faridabad Faridabad Haryana 121002 Haryana Pan No.Aascs2575D (Appellant) (Respondent) Assessment Year: 2016-17 Speedy Courier Services Pvt. Vs Ito Ltd. Ward- 2 (4) Plot No.1022, Near Talab Shiv Faridabad Colony, Faridabad Haryana Pan No.Aascs2579R (Appellant) (Respondent)

Section 131oSection 142(1)Section 143Section 143(2)Section 143(3)Section 251(1)Section 271(1)(c)Section 56(2)(viib)Section 68

book value of the assets in the balance-sheet as reduced by any am of paid as deduction or collection at source or as advance tax payment as reduced by the amount of tax claimed as refund under the become-tax Act and shown in the balance-sheet as asset ... apart towards depreciation. (iv) any amount representing provision for taxation, other than amount of tax paid as deduction or collection at source or as advance tax payment as reduced by the amount of tax claimed as refund under the Income-tax Act. to the extent of the excess over

Punyah Building Materials Pvt Ltd, Faridabad vs. ITO Ward - 2(1), Faridabad

In the result, the appeals of the assesses are allowed

ITA 81/DEL/2021[2016-17]Status: DisposedITAT Delhi05 Sept 2024AY 2016-17

Bench: Dr. B. R.R. Kumar & Sh. Sudhir Kumarassessment Year: 2016-17 M/S. Punyah Building Vs Ito Materials Pvt. Ltd. Ward-2 (1) House No.1002, Near Talab Faridabad Shiv Colony, Old Faridabad Haryana Ballahgarh Haryana 122002 Pan No.Aagcp8742B (Appellant) (Respondent) Assessment Year: 2016-17 Sparsh Beauty Care Pvt. Ltd. Vs Ito Plot No.1066, Near Janta Barat Ward-2 (4) Ghar Baba Nagar, Faridabad Faridabad Haryana 121002 Haryana Pan No.Aascs2575D (Appellant) (Respondent) Assessment Year: 2016-17 Speedy Courier Services Pvt. Vs Ito Ltd. Ward- 2 (4) Plot No.1022, Near Talab Shiv Faridabad Colony, Faridabad Haryana Pan No.Aascs2579R (Appellant) (Respondent)

Section 131oSection 142(1)Section 143Section 143(2)Section 143(3)Section 251(1)Section 271(1)(c)Section 56(2)(viib)Section 68

book value of the assets in the balance-sheet as reduced by any am of paid as deduction or collection at source or as advance tax payment as reduced by the amount of tax claimed as refund under the become-tax Act and shown in the balance-sheet as asset ... apart towards depreciation. (iv) any amount representing provision for taxation, other than amount of tax paid as deduction or collection at source or as advance tax payment as reduced by the amount of tax claimed as refund under the Income-tax Act. to the extent of the excess over

Speedy Courier Services Pvt Ltd, Faridabad vs. ITO Ward - 2(4), Faridabad

In the result, the appeals of the assesses are allowed

ITA 80/DEL/2021[2016-17]Status: DisposedITAT Delhi05 Sept 2024AY 2016-17

Bench: Dr. B. R.R. Kumar & Sh. Sudhir Kumarassessment Year: 2016-17 M/S. Punyah Building Vs Ito Materials Pvt. Ltd. Ward-2 (1) House No.1002, Near Talab Faridabad Shiv Colony, Old Faridabad Haryana Ballahgarh Haryana 122002 Pan No.Aagcp8742B (Appellant) (Respondent) Assessment Year: 2016-17 Sparsh Beauty Care Pvt. Ltd. Vs Ito Plot No.1066, Near Janta Barat Ward-2 (4) Ghar Baba Nagar, Faridabad Faridabad Haryana 121002 Haryana Pan No.Aascs2575D (Appellant) (Respondent) Assessment Year: 2016-17 Speedy Courier Services Pvt. Vs Ito Ltd. Ward- 2 (4) Plot No.1022, Near Talab Shiv Faridabad Colony, Faridabad Haryana Pan No.Aascs2579R (Appellant) (Respondent)

Section 131oSection 142(1)Section 143Section 143(2)Section 143(3)Section 251(1)Section 271(1)(c)Section 56(2)(viib)Section 68

book value of the assets in the balance-sheet as reduced by any am of paid as deduction or collection at source or as advance tax payment as reduced by the amount of tax claimed as refund under the become-tax Act and shown in the balance-sheet as asset ... apart towards depreciation. (iv) any amount representing provision for taxation, other than amount of tax paid as deduction or collection at source or as advance tax payment as reduced by the amount of tax claimed as refund under the Income-tax Act. to the extent of the excess over

Paharpur Cooling Towers Limited., Kolkata vs. ACIT, CC-2(1), Kolkata

In the result, the appeal of the assessee stands dismissed

ITA 408/KOL/2023[2013-14]Status: DisposedITAT Kolkata04 Sept 2024AY 2013-14

Bench: Shri Sanjay Garg & Shri Rakesh Mishrai.T.A. No.408/Kol/2023 Assessment Year: 2013-14 Paharpur Cooling Towers Ltd………...........………………....Appellant 8/1/B, Diamond Harbour Road, Kolkata – 700027. [Pan: Aabcp8017C] Vs. Acit, Central Circle-2(1), Kolkata.…….…............................…..…..... Respondent Appearances By: Shri Nitesh Agarwal, Ar, Appeared On Behalf Of The Assessee. Shri Sailen Samaddar, Addl. Cit- Sr. Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : June 06, 2024 Date Of Pronouncing The Order : September 04, 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 23.02.2023 Of The Commissioner Of Income Tax (Appeals)- 20, Kolkata [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Appeal Is Time Barred By Two Days. A Separate Application For Condonation Of Delay Has Been Filed. Considering The Shortness Of Delay, The Delay In Filing The Appeal Is Hereby Condoned.

Section 115JSection 143Section 143(1)Section 143(3)Section 154Section 244ASection 244A(1)Section 250

have given our careful thought to the plea raised by both the ld. representatives of the parties. In our view, the advance tax paid, TDS or TCS deducted or even the MAT credit are in the shape of credits of the taxes already paid, which are given ... carried out in the case of the assessee was Rs.71,70,78,483/- and thereafter, the credit of the taxes already paid including advance tax, TDS, TCS and MAT credit has to be given and in this case, after giving credit of taxes already paid including MAT credit, the refund

Lodge of Harmony No.438Ec, Kanpur vs. A O Examption Ward, Kanpur

In the result, appeal of the assessee is partly allowed

ITA 267/LKW/2024[2018-19]Status: DisposedITAT Lucknow30 Aug 2024AY 2018-19

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2018-19 Lodge Of Harmony No.438Ec V. The Assessing Officer C/O P.C. Agarwal Exemption Ward 15/296, Govind Niwas Kanpur Civil Lines, Kanpur Tan/Pan:Aaatl2285Q (Appellant) (Respondent) Appellant By: Shri Rakesh Garg, Advocate Respondent By: Shri Sanjeev Krishna Sharma, D.R. Date Of Hearing: 04 07 2024 Date Of Pronouncement: 30 08 2024 O R D E R

For Appellant: Shri Rakesh Garg, AdvocateFor Respondent: Shri Sanjeev Krishna Sharma, D.R
Section 12A

Rs.15,60,510/-. The assessee computed tax liability as applicable to AOP and paid tax of Rs.3,30,590/- (inclusive of TDS and advance tax). However, the Central Processing Centre (CPC), Bangalore, while processing the return of income, computed the tax liability at Rs.5,12,983/- and raised a further

Torrent Solargen Limited, Ahmedabad vs. The Dy.CIT, Circle-4(1)(2), Ahmedabad

In the result, appeal preferred by the assessee is allowed

ITA 90/AHD/2023[2016-17]Status: DisposedITAT Ahmedabad30 Aug 2024AY 2016-17

Bench: Shri T.R. Senthil Kumar & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. No. 90/Ahd/2023 (िनधा"रण वष" िनधा"रण वष" / Assessment Year : 2016-17) िनधा"रण वष" िनधा"रण वष" Torrent Solargen Limited Dcit बनाम बनाम/ बनाम बनाम “Samanvay”, 600, Circle- 4(1)(2), Vs. Tapovan, Amabawadi, Ahmedabad Ahmedabad, Gujarat, 380015 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aadct0483G (Appellant) .. (Respondent) Shri Vartik Chokshi, Advocate अपीलाथ" ओर से /Appellant By : ""यथ" क" ओर से/Respondent By : Shri Prasad Rao Waghe Annasaheb, Sr. Dr 27/08/2024 Date Of Hearing Date Of Pronouncement 30/08/2024 O R D E R Per Shri Narendra Prasad Sinha, Am: This Appeal Is Filed By The Assessee (Tsl) Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi, (In Short ‘The Cit(A)’) Dated 08.09.2022 For The Assessment Year 2016- 17. 2. There Was A Delay Of 95 Days In Filing Of This Appeal. The Assessee Has Filed An Affidavit Explaining The Reason For Delay. It

For Respondent: Shri Prasad Rao Waghe Annasaheb
Section 154Section 244A

assessee on 16.10.2016 showing total income of Rs.16,86,17,460/-. The assessee had claimed TDS credit of Rs.8,93,784/- and advance tax credit of Rs.13,50,00,000/- in its ITR. The said return was processed by the CPC on 04.12.2016 and refund of Rs.3 ... Power Limited (TPL). Pursuant to the same, assessee filed revised return on 16.10.2017 declaring Nil income and without claiming credit of any TDS or advance tax as claimed in the original return. The revised return was processed by the CPC on 30.03.2019 raising a demand of Rs.19.02 Crore. The assessee