“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

ACIT, Chennai vs. Johnson Lifts Pvt. Ltd., Chennai

In the result the appeal is partly allowed

ITA 47/CHNY/2024[2016-17]Status: DisposedITAT Chennai31 May 2024AY 2016-17

Bench: Shri Aby T. Varkey, Jm & Shri Amitabh Shuklaआयकर अपील सं./Ita No.47/Chny/2024 & Ita No.48/Chny/2024 निर्धारण वर्ा /Assessment Year: 2016-17 & 2017-18

For Appellant: Shri R.Vijayaraghavan, AdvocateFor Respondent: Shri P.Sajit Kumar, JCIT

Section 32Section 36(1)(vii)Section 40Section 9

income of Rs. 198,45,58,120. The tax payable thereon was computed at Rs.69,41,86, 901 which was paid by way of Advance Tax amounting to Rs.53,00, 00, 000, TDS amounting to Rs.17,14,81, 827. This resulted in a refund

Visveswaraya Resham Khadi Industrial Association, Chikkaballapura vs. Income-Tax Officer, Ward-4(1), Chikaballapura

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

ITA 361/BANG/2024[2018-19]Status: DisposedITAT Bangalore31 May 2024AY 2018-19

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year : 2018-19 M/S. Visveswaraya Resham Khadi Industrial Association, Near Eswara Temple, The Income Tax Jangamakote Town, Officer, Post: Jangamakote Ward – 4(1), Shidlaghatta (Tq), Chikaballapur. Vs. Chikkaballapura Dist., Karnataka – 562 144. Pan: Aabav2671C Appellant Respondent Assessee By : Shri H. Guruswamy, Itp : Shri Narendra Kumar Naik, Revenue By Addl. Cit –Dr Date Of Hearing : 29-04-2024 Date Of Pronouncement : 31-05-2024 Order Per Beena Pillaithe Present Appeal Arises Out Of Order Dated 02/02/2024, Passed By Nfac, Delhi For Assessment Year 2018-19 Is On The Following Grounds Of Appeal:-

For Appellant: Shri H. Guruswamy, ITP

Section 144Section 148Section 249(4)Section 249(4)(b)Section 250Section 69A

holding that the appeal filed by the assessee not eligible for admission on the alleged ground that the assessee has failed to pay the advance tax 3. without appreciating the facts and 1,27,39,161/- circumstances of the case that the the assessee was not liable ... advance tax on income arbitrarily completed amounting to Rs. 92,86,080/-. The Ld. CIT(A) has erred in holding that the assessee was liable to pay advance tax on income which was included in the total income computed at Rs.92,86,080/-. 4. Without appreciating the facts

Tata Chemicals Limited, Mumbai vs. DCIT-2(3)(1), Mumbai

In the result, appeal of the assessee is allowed

ITA 851/MUM/2024[2012-13]Status: DisposedITAT Mumbai31 May 2024AY 2012-13

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI RATNESH NANDAN SAHAY (Accountant Member)

Section 143(3)Section 147Section 148Section 234B

charging of interest u/s 234B is automatic when the condition of section 234B are met. As per the provisions of section 234B, if the advance tax paid is less than 90% of assessed tax then the interest u/s 234B is chargeable. The assessed tax is defined as tax on total

Dattatray Bhosale, Pune vs. CIT Appeals, National Faceless Appeal Centre

Appeal is allowed for statistical

ITA 183/PUN/2024[2015-16]Status: DisposedITAT Pune30 May 2024AY 2015-16

Bench: Shri Satbeer Singh Godara & Shri Gd Padmahshali

For Appellant: CA Akshay MalpaniFor Respondent: Shri Ramnath P Murkunde

Section 147Section 250(6)

./2024 assessee’s lower appeal inter alia holding that neither he had filed his return nor paid the amount equal to the amount of advance tax payable at his behest. Learned counsel’s case in this factual backdrop is that the assessee’s Form-26AS duly indicated the deductor ... figures which in any case exceed the amount of advance tax payable; if any. 4. Learned DR fails to dispute that there is no clarity in the NFAC’s lower appellate discussion in para 3.5 about the exact liability of the assessee to pay the foregoing advance tax. Be that

Bennett Property Holdings Company Limited, Mumbai vs. Asstt. Commissioner of Income Tax - 1 (1) (1), Mumbai

ITA 247/MUM/2024[2014-15]Status: DisposedITAT Mumbai30 May 2024AY 2014-15

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan ()

Section 14(2)Section 143(3)Section 14ASection 234C

circumstances of the case and in law, the appellant having paid more than the prescribed percentage by way of instalments of advance tax before the relevant due dates prescribed, there is no deferment of advance tax based on the returned income and consequently the appellant denies its liability

Jalpa Savankumar Patel, Ahmedabad vs. The ITO, Ward-3(3)(2), Ahmedabad

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

ITA 348/AHD/2024[2012-13]Status: DisposedITAT Ahmedabad29 May 2024AY 2012-13

Bench: Smt. Annapurna Gupta (Accountant Member), Shri T.R Senthil Kumar (Judicial Member)

Section 142(1)Section 147Section 148Section 234ASection 249(4)

held that as per section 249(4)B of the Act, the appeal is not maintainable as the assesee failed to pay required advance tax and dismissed the appeal as not maintainable. 4. Aggrieved against the same, the assessee is in appeal before us, raising the following grounds ... 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 Provided that, in a case falling under clause (b) and) on an application made by the appellant in this behalf, the Deputy Commissioner

Singaravel Raja, Villupuram vs. ITO, Ward 1, Villupuram

The appeal of the assessee is allowed for statistical purposes

ITA 601/CHNY/2024[2015-16]Status: DisposedITAT Chennai29 May 2024AY 2015-16

Bench: HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM AND HON’BLE SHRI MANU KUMAR GIRI (Judicial Member)

For Appellant: Ms. Nidhi D. Jain, C.AFor Respondent: Shri. S. Easwar, IRS, JCIT

Section 144BSection 147Section 148Section 208Section 234B(1)Section 249Section 249(4)Section 69A

asked vide DIN & letter no. ITBA/NFAC/F/APL_1/2023-24/1060440475(1) dated 02.02.2024 to intimate whether it has made payment of tax-which includes element of advance tax also and date of compliance was fixed for 09.02.2024 but the appellant failed to contradict the information given at sl. no. 9 of Form ... 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 of amount equal to the advance tax which

Rajabather Sampath Chennai, Chennai vs. ITO, Non Corporate Ward-8(1), Chennai

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

ITA 21/CHNY/2024[2018-19]Status: DisposedITAT Chennai29 May 2024AY 2018-19

Bench: Shri Aby T. Varkey & Shri S.R.Raghunathaआयकर अपील सं./Ita No.21/Chny/2024 िनधा"रण वष"/Assessment Year: 2018-19 V. Shri Rajabather Sampath, The Income Tax Officer, 1/11, Balambigai Nagar, Non-Corporate Ward-8(1), 4Th Street, Ramapuram, Chennai. Nandambakkam, Kudiyiruppu S.O., Kanchipuram, Chennai-600 089. [Pan: Bbkps 5373 Q] (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Shri Kathir, AdvocateFor Respondent: Shri P. Sajit Kumar, JCIT

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

Where no return has been filed by the appellant for Not Applicable the assessment year, whether an amount equal to the amount of advance tax as per section 249(4)(b) of the Income-tax Act, 1961 has been paid 9.1. If reply to 9 is Yes, then enter details

DCIT Central Circle 6(1), Mumbai, Nariman Point Mumbai vs. Gnp Realty LLP, Thane

In the result, the appeal filed by the Revenue stands partly allowed

ITA 3105/MUM/2023[2021-22]Status: DisposedITAT Mumbai29 May 2024AY 2021-22

Bench: Shri Narender Kumar Choudhry & Shri Ratnesh Nandan Sahayassessment Year: 2021-22

For Appellant: Shri Nishit Gandhi, A.RFor Respondent: Dr. Kishor Dhule, D.R

Section 132Section 139(1)Section 142(1)Section 250

also dealt with the identical issue as to whether interest paid for delayed payment of advance tax could be considered as wholly and exclusively for business to be allowable as business expenditure. The Hon’ble Apex Court ultimately laid down the dictum that interest paid for delayed payment of advance

Naved Israr, Unnao vs. ITO Ward 1(1)(5), Kanpur

The appeal of the assessee stands allowed for statistical purposes

ITA 124/LKW/2024[2017-2018]Status: DisposedITAT Lucknow28 May 2024AY 2017-2018

Bench: Shri Sudhanshu Srivastavaa.Ys. 2017-18 Naved Israr, Vs Income Tax Officer-1(1) (5), Jajmau Ganga Pul, Ekhlakh Kanpur . Nagar, Jajmau Chauki, Shekh Pur Nari, Unnao (U.P.) Pan Afgpi 0291G (Appellant) (Respondent) Appellant By None (Adj. Application Filed) Respondent By Shri Sanjeev Krishna Sharma, Addl. Cit( Dr) Date Of Hearing 09/05/2024 Date Of Pronouncement 28/05/2024 O R D E R

Section 143(2)Section 144Section 2Section 234DSection 69A

well as the Id. CIT (A), NFAC, Delhi has grossly erred in making & confirming for charging interest 234B due to default in advance tax payment and interest u/s 234D 8. That the appellant craves his right to add, annul, amend, alter, withdraw and/or substitute any/ or all of the grounds

Devineni Madhu Pavani, Nallajerla Mandal vs. The Income Tax Officer, Ward-1(4), Visakhapatnam

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

ITA 81/VIZ/2024[2017-18]Status: DisposedITAT Visakhapatnam28 May 2024AY 2017-18

Bench: Shri Duvvuru Rl Reddy, Hon’Bleआयकर अपील सं./I.T.A.No.81/Viz/2024 (ननधधारण वर्ा / Assessment Year : 2017-18) Devineni Madhu Pavani Vs. Income Tax Officer D/O Somaraju, Tirumala Township Ward-1(4) Near Kanaka Durga Temple Visakhapatnam Nallajerla Mandal, West Godavari Dist. [Pan : Bfgpm9285R] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

For Appellant: Shri G.V.N.Hari, ARFor Respondent: Dr.Aparna Villuri, DR

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

arrived at the total income of Rs.12,00,000/- and computed the tax payable at Rs. 14,46,120/- which includes the advance tax payable by the assessee as well as the interest on account of delayed payment of advance tax. Against the said assessment order, the assessee filed appeal ... appeal shall not be admitted, unless the assessee has paid an amount equal to the amount of advance tax which was payable by her if no return of income has been filed. In the present case, the assessee neither filed return of income nor paid amount equal to the amount

Shiv Lal Meena, Jaipur vs. ITO Ward 6(4), Jaipur

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

ITA 321/JPR/2024[2012-13]Status: DisposedITAT Jaipur28 May 2024AY 2012-13

Bench: SHRI SANDEEP GOSAIN (Judicial Member)

For Appellant: Shri Shiv Lal Meena, - SelfFor Respondent: Mrs. Monisha Chaudhary Addl. CIT

Section 156Section 245

asked vide DIN & letter No.ITBA/NFAC/F/17/2023-24/1054563877(1) dated 25-07-2022 to intimate whether it has made payment of tax which includes element of advance tax also in compliance of demand u/s 156 of the Act but the appellant made no compliance to this letter. 7. Since the appellant ... filed return of income as well as not paid an amount equal to the amount of advance tax which was payable by it, present appeal is not liable to be admitted. The appeal is infructuous and is, therefore, dismissed. 8. The appeal is dismissed." 2.2 At the outset

Sap Holdings & Leasing Pvt Ltd, Mumbai vs. The Assistant of Income Tax 8(1)(1), Mumbai

In the result, both the appeals of the assessee are treated as allowed for statistical purposes

ITA 4837/MUM/2023[2018-19]Status: DisposedITAT Mumbai28 May 2024AY 2018-19

Bench: Shri B.R. Baskaran (Am) & Shri Sandeep Singh Karhail (Jm)

Section 143(1)Section 143(3)Section 154Section 155(14)Section 199

tax Act has introduced Form 26AS from 30.3.2005 and it was substituted w.e.f 1.6.2020. Under the present scenario, all the details relating to TDS, Advance tax and other tax payments are duly reflected in Form 26AS.Under the present scenario, there should not be a problem for the assessing officer

Sap Holidings & Leasing Pvt Lted, Mumbai vs. The Assistant Commissioner of Income Tax 8(1)(1), Mumbai

In the result, both the appeals of the assessee are treated as allowed for statistical purposes

ITA 4836/MUM/2023[2017-18]Status: DisposedITAT Mumbai28 May 2024AY 2017-18

Bench: Shri B.R. Baskaran (Am) & Shri Sandeep Singh Karhail (Jm)

Section 143(1)Section 143(3)Section 154Section 155(14)Section 199

Piem Hotels Limited, Mumbai vs. The Assistant Commissioner of Income Tax, Circle 3(2)(2), Mumbai

ITA 4407/MUM/2023[2014-15]Status: DisposedITAT Mumbai27 May 2024AY 2014-15

Bench: Shri. Prashant Maharshi & Shri. Raj Kumar Chauhan

Section 115Section 143(3)Section 154Section 244Section 244ASection 250

where the refund is out of any tax paid under section 115WJ or 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

Smt. Jagdeep Kaur, Ludhiana vs. ITO, Ward 6(4), Ludhiana

In the result, appeal of the Assessee is dismissed

ITA 81/CHANDI/2023[2011-12]Status: DisposedITAT Chandigarh22 May 2024AY 2011-12

Bench: This Hon’Ble Tribunal Under Section 253 Of The Income Tax Act, 1961. 3. The Assessee Is Aggrieved By Din & Order No. Itba/Nfac/S/250/2022- 23/1048105767(1) Dt. 20/12/2022 Which Was Passed By The Ld. Cit(A) Nfac, Delhi Under Section 250 Of The Income Tax Act, 1961. The Said First Appeal Was Dismissed By The Ld. Cit(A). Therefore Assessee Is Before Us. The Said Order Of The Ld. Cit(A) Is Hereinafter Referred To As The “Impugned Order”. 4. In Form No. 36 The Assessee Interalia Has Take Up Following Grounds Of Appeal Against The Impugned Order Which Are Reproduced Below:

For Appellant: Smt. Supriya, C.AFor Respondent: Smt. Amanpreet Kaur, Sr. DR

Section 133(6)Section 142Section 142(1)Section 147Section 148Section 250Section 253

Interest Income 477 iv) Gross Total Income (ii + iii) 375477 Further the assessee has deposited a sum of Rs.500/- (Rupees five hundred only) as advance tax during the year (as per copy of form 26AS enclosed herewith). Kindly adjust this amount against tax liability of the assessee. Keeping in view

Sanjeev Kumar Goyal, Fatehabad vs. DCIT, CC-2, Ludhiana

In the result, the appeal of the assesse is allowed

ITA 80/CHANDI/2023[2019-20]Status: DisposedITAT Chandigarh22 May 2024AY 2019-20

Bench: This Hon’Ble Tribunal Under Section 253 Of The Income Tax Act, 1961 As Amended From Time To Time. 2. The Assessee Is Aggrieved By The Order Of The Ld. Cit(A) Dt. 20/01/2023 In Appeal No. 10853/2018-19/It/Cit(A)-5/Ldh/2021-22 For The A.Y. 2019-20 Under Section 250(6) Of The Income Tax Act, 1961 Which Was Dismissed. Therefore The Present Second Appeal Under Section 253 Of The Income Tax Act, 1961 Before Us Against The Aforesaid Order Dt. 20/01/2023 Which Is Hereinafter Referred To As The Impugned Order.

For Appellant: Shri Sudhir Sehgal, Advocate and Shri Rishaba Marwaha, C.AFor Respondent: Shri Dharamvir, JCIT, Sr. DR

Section 143(2)Section 250(6)Section 253Section 68

Rajiv Kumar Goyal, Dhuri vs. DCIT, CC-2, Ludhiana

In the result, the appeal of the assessee is allowed

ITA 79/CHANDI/2023[2019-20]Status: DisposedITAT Chandigarh22 May 2024AY 2019-20

Bench: This Hon’Ble Tribunal Under Section 253 Of The Income Tax Act, 1961 As Amended From Time To Time. 2. The Assessee Is Aggrieved By Order Of The Ld. Cit(A) Dated 03/02/2023 In Appeal No. 10850/2018-19/It/Cit(A)-5/Ldh/2021-22 For A.Y. 2019-20 Under Section 250(6) Of The Income Tax Act, 1961 Which Was Dismissed. Therefore The Present Second Appeal Under Section 253 Of The Income Tax Act, 1961 Before Us Against The Aforesaid Order Dt. 03/02/2023 Which Is Hereiafter Referred To As The Impugned Order. Factual Matrix 3. The Assessee Had For The Relevant Year I.E; A.Y. 2019-20 Was Also Engaged In The Same Business I.E; Manufacturing Of Pvc Pipes & Had Filed

For Appellant: Shri Sudhir Sehgal, Advocate and Shri Rishaba Marwaha, C.AFor Respondent: Shri Dharamvir, JCIT, Sr. D.R

Section 133ASection 139(1)Section 250(6)Section 253

from business and this income shall be in addition to my book result. That this offer of surrender is voluntarily and I will pay Advance tax before 31st day of March 2019. Kindly accept the surrender & oblige. Thanking you Yours faithfully For M/s S.Kumar Industries, DHURI 6. That during ... income shall be in addition to my book result. Be it noted that this surrender of income was voluntary with a promise to pay advance tax before closing on 31/03/2019. It was stated that same be accepted and oblige them. The Income Tax Authorities in proceedings below have duly accepted

Durairaj Srivalli, Tirupur, Tamil Nadu vs. The Income Tax Officer, Income Tax Department, Ward Two of Two, Tirupur

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

ITA 855/CHNY/2024[2014-15]Status: DisposedITAT Chennai22 May 2024AY 2014-15

Bench: Shri Ss Viswanethra Ravi & Shri Jagadishआयकर अपील सं./Ita No.855/Chny/2024 िनधा)रण वष) /Assessment Years: 2014-15

For Appellant: Shri Kathir, AdvocateFor Respondent: Shri G. Suresh, JCIT

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

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 appeal shall not be admitted. Therefore, the present appeal fled ... income either u/s 139 of the Act or in response to notice u/s 148 of the Act and she has not admitted any advance tax payable, therefore section 249 of the Act is not applicable in her case. The Ld AR submitted that there is no deficiency in Form

Shri Deepak Kumar Ruia, Kolkata vs. DCIT, Cir. 32(1), Kolkata

In the result, the appeal is allowed

ITA 311/KOL/2024[2016-17]Status: DisposedITAT Kolkata20 May 2024AY 2016-17

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 143(1)Section 143(3)

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 ... 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