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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

Kamaludeen, Hosur vs. ITO, Ward-1, Hosur

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

ITA 110/CHNY/2024[2012-13]Status: DisposedITAT Chennai08 May 2024AY 2012-13

Bench: Shri S.S. Viswanethra Ravi & Shri Manoj Kumar Aggarwalआयकर अपील सं/.I.T.A. No.110/Chny/2024 "नधा"रण वष"/Assessment Years: 2012-13 Mr.Kamaludeen, Vs. Ito No.59, Denkanikotta Road, Ward-1, Opposite To R.C.Church, Hosur. Shanti Nagar(West), Hosur-635109. [Pan: Ajdpk0299D] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से / Appellant By : Shri S.Sridhar, Advocate ""यथ" क" ओर से/Respondent By : Shri P.Sajit Kumar, Jcit सुनवाई क" तार"ख/ Date Of Hearing 02.05.2024 : घोषणा क" तार"ख /Date Of Pronouncement : 08.05.2024 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal By The Assessee Is Against The Order Dated 28.12.2023 Passed By The Cit(A), Nfac, Delhi, For The Assessment Year 2012-13. 2

For Appellant: Shri S.Sridhar, AdvocateFor Respondent: Shri P.Sajit Kumar, JCIT
Section 147Section 148Section 249Section 249(4)(b)Section 69A

Page No.45 of the appeal memo. He referred to Column-18 and 3 I.T.A. No.110/Chny/2024 submits that the AO himself considered advance tax credit of Rs.50,000/- in making computation. The same was brought to the notice of CIT(A), NFAC, Delhi through written submissions dated ... NFAC, Delhi did not consider the advance tax credit during the disposal of appeal. The ld.DR Shri P.Sajit Kumar did not dispute the same. On perusal of the impugned order, we note that the CIT(A), NFAC, Delhi dismissed the appeal of the assessee only on the ground

Deputy Commissioner of Income Tax, Circle-8, Pune vs. Sandvik Coromant India Pvt Ltd, Pune

In the result, appeal filed by the Revenue in ITA

ITA 1072/PUN/2023[2018-19]Status: DisposedITAT Pune07 May 2024AY 2018-19

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकरअपीलसं. / Ita No.1072/Pun/2023 िनधा"रणवष" / Assessment Year : 2018-19 The Dy.Commissioner Of Sandvik Coromant India Pvt. Income Tax, Circle-8, Vs Ltd., Pune. Mumbai Pune Road, Dapodi, Pune – 411012. Pan: Aaccs6638K Appellant/ Revenue Respondent /Assessee Cross Objection No.7/Pun/2024 िनधा"रणवष" / Assessment Year : 2018-19 Sandvik Coromant India The Dy.Commissioner Of Pvt. Ltd., Vs Income Tax, Circle-8, Pune. Mumbai Pune Road, Dapodi, Pune – 411012. Pan: Aaccs6638K Appellant/ Assessee Respondent / Revenue Assessee By Shri Nikhil Patakh – Ar Revenue By Shri Ajay Kumar Keshari – Dr Date Of Hearing 15/04/2024 Date Of Pronouncement 07/05/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Ita 1072/Pn/2023 Filed By The Revenue & Cross Objection Co No.7/Pun/2024 Filed By The Assessee Are Directed Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac] U/S.250 Of The Act, For A.Y.2018-19

Section 139(1)Section 143(1)Section 143(1)(a)Section 250Section 251Section 251(1)(a)Section 43B

tax 85[, 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 an agreement under section 90 or section 90A, or any relief allowable under section 91, any rebate allowable under Part