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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

Darpan Kanubhai Shah, Vadodara vs. The Income Tax Officer, Ward-3(1)(4), Vadodara

The appeal of the assessee is allowed for statistical purposes

ITA 123/AHD/2024[2018-19]Status: DisposedITAT Ahmedabad05 Jul 2024AY 2018-19

Bench: Mrs. Annapurna Gupta & Shri T.R. Senthil Kumarआयकर अपील सं / Ita No. 123/Ahd/2024 िनधा"रण वष"/Assessment Year : 2018-19 बनाम बनाम बनाम बनाम Darpan Kanubhai Shah The Income-Tax Officer, C/O. Darpan Travels, Vs. Ward-3(1)(4), Near Ramji Mandir, Vadodara Madanzampa Road, Vadodara-390001 Pan : Agips 3405 P अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) िनधा"रती की ओर से / Assessee By : Shri Samir Parikh, Ar ""थ" की ओर से / Revenue By: Dr. Darsi Suman Ratnam, Cit-Dr सुनवाई की तारीख /Date Of Hearing : 22/04/2024 घोषणा की तारीख /Date Of Pronouncement: 05/07/2024 आदेश/O R D E R Per Annapurna Guptapresent Appeal Has Been Filed By The Assessee Against Order Of The Learned Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As "Cit(A)" For Short] Dated 22.11.2023 Passed Under Section 250 Of The Income-Tax Act, 1961 [Hereinafter Referred To As "The Act" For Short], For The Assessment Year (Ay) 2018-19. 2. Grounds Raised Are As Under :- “(1) The Learned Cit(Appeal) Is Not Correct In Holding That The Assessee Has Not Filed Return Of Income U/S 148. Consequently The Learned Cit (Appeal) Is Not Correct That The Appeal Is Not Liable To Be Admitted. (Ii) Alternatively Appeal Is Allowed By Set Aside The Order & Matter Referred Back To The Desk Of Hon. Cit For Reconsideration. Darpan Kanubhai Shah Vs. Ito Ay : 2018-19 2

For Appellant: Shri Samir Parikh, ARFor Respondent: Dr. Darsi Suman Ratnam, CIT-DR
Section 147Section 148Section 249(4)Section 249(4)(b)Section 250Section 54B

when no return of income has been filed by the assessee, the assessee ought to have paid an amount equal to the amount of advance tax which was payable by him. Finding the assessee to have not filed any return of income and to have not complied with the conditions ... specified Darpan Kanubhai Shah Vs. ITO AY : 2018-19 3 u/s 249(4)(b) of the Act of having paid advance tax on his income, he dismissed the assessee’s appeal as being infructuous and non-maintainable. 5. Aggrieved by this order of the ld. CIT(A), the assessee

Shiva Pharmachem Limited, Vadodara vs. Deputy Commissioner of Income Tax, Circle 2(1)(1), Vadodara

In the result, the appeal of the Assessee is allowed

ITA 698/AHD/2023[2021-2022]Status: DisposedITAT Ahmedabad04 Jul 2024AY 2021-2022

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokar, Accountnat Member Assessment Year : 2021-22 Shiva Pharmachem Limited The Dy.Cit Shiva 12Th Floor, Vs Circle-2(1)91) Opp. Tricolour Hospital Vadodara Genda Circle, Vadodara-390 023 (Gujarat) Pan: Aajcs 3940 B अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Sunil Talati, Ar Revenue By : Shri Sudhakar Verma, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 01/07/2024 घोषणा क" तार"ख /Date Of Pronouncement: 04/07/2024 आदेश/O R D E R Per Shri Makarand V. Mahadeokar, Am: This Appeal By Assessee Is Filed Against The Order Of Commissioner Of Income Tax (Appeals) – National Faceless Appeal Centre – Delhi [Hereinafter Referred To As “The Ld.Cit(A)”] Passed On 24/07/2023 U/S. 250 Of The Income Tax Act,1961 (Hereinafter Referred To As “The Act”) Instituted Against The Order Dated 19/12/2022 Passed By The Assistant Director Of Income Tax, Cpc, Under Section 154 Of The Income-Tax Act, 1961, For The Assessment Year (Ay) 2021-22. Facts Of The Case: Shiva Pharmachem Liimited Vs. The Dcit Asst. Year 2021-22:

For Appellant: Shri Sunil Talati, ARFor Respondent: Shri Sudhakar Verma, Sr.DR
Section 154Section 230Section 250

contention of the assesse that when the amalgamated results or income of the amalgamating company has been taken into consideration, then the credit for advance tax paid and TDS made by amalgamating company should be given to amalgamated company i.e. assesse before us." Therefore, the Ld. CPC, Income Tax Department