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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

Csg International Ltd., London vs. ADIT, New Delhi

In the result, appeal of the assessee is allowed

ITA 1522/DEL/2011[2005-06]Status: DisposedITAT Delhi07 May 2024AY 2005-06

Bench: Shri Challa Nagendra Prasad & Shri Pradip Kumar Kediaआ.अ.सं/.I.T.A No.1522/Del/2011 िनधा"रणवष"/Assessment Year: 2005-06 बनाम Csg International Ltd., Adit (Now Known As Comverse Kenan Uk) Vs. Circle-1(1), Level 7, Adelphi Building, International Taxation, 1-11 John Adam Street, London. New Delhi. Pan No.Aaccc3819N अपीलाथ" Appellant ""यथ"/Respondent

Section 195Section 208Section 209(1)(d)Section 234BSection 234DSection 9(1)(vi)

Without prejudice to ground 5 above, the Ld. CIT (A) has failed to appreciate that the Appellant was not liable to pay advance tax under section 208 and section 209(1)(d) of the Act since tax was deductible under section 195 of the Act on the payments made

Prashant Vinayak Adhav, Rajendra Nagar Pune vs. Ward 12 (1) Pune, Bodhi Towers Pune

In the result, the appeal filed by the assessee stands allowed

ITA 605/PUN/2024[2017-18]Status: DisposedITAT Pune06 May 2024AY 2017-18

Bench: Shri Inturi Rama Rao & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.605/Pun/2024 "नधा"रण वष" Assessment Year : 2017-18

For Appellant: NoneFor Respondent: Shri Manoj Tripathi
Section 10ASection 139Section 142Section 143(1)Section 154Section 44ASection 89Section 90Section 90ASection 91

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

Dr Nirmalkumar Phadkule Pratishthan, Solapur vs. Income Tax Officer, Solapur

In the result, appeal of the assessee is partly allowed

ITA 1321/PUN/2023[2015-16]Status: DisposedITAT Pune06 May 2024AY 2015-16

Bench: Shri Satbeer Singh Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.1321/Pun/2023 िनधा"रण वष" / Assessment Year : 2015-16 Dr.Nirmalkumar Phadkule The Income Tax Pratishthan, V Officer, Solapur. S No.6039, Dr.Nirmalkumar S Phadkule Sabhagruh, Sidheshwar Peth, Near Sidheshwar Temple, Solapur – 413001. Pan: Aabtd2883M Appellant/ Assessee Respondent /Revenue Assessee By None. Revenue By Shri Ramnath P Murkunde – Dr Date Of Hearing 02/05/2024 Date Of Pronouncement 06/05/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac] Under Section 250 Of The Income Tax Act, 1961 For A.Y.2015-16 Dated 31.10.2023. The Assessee Has Raised Following Grounds Of Appeal : Dr.Nirmalkumar Phadkule Pratishthan [A]

Section 11Section 139(1)Section 148Section 156Section 207Section 250Section 272A(2)(e)Section 27l

grounds that the information furnished in Sr No 9 of Form 35 was presumably correct and that the appellant had not made payment of advance tax due on it income. The appellant pleads that the CIT (Appeals) order is factually and legally incorrect and that the levy of penalty ... under : Quote, “7. Since the appellant has not 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.” Unquote. 2.2 Thus

Kumar, Cuddalore vs. ITO, Ward-2, Cuddalore

The appeal stand allowed for statistical purposes

ITA 494/CHNY/2024[2017-18]Status: DisposedITAT Chennai06 May 2024AY 2017-18

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm आयकरअपील सं./ Ita No.494/Chny/2024 (िनधा9रणवष9 / Assessment Year: 2017-18) Shri Kumar Ito, No.1, Ayyanor Koil, Ward -2, बनाम/ East Usuppur Village & Panchayat, Cuddalore. Vs. Chidambaram Town & Taluk, Cuddalore – 608 401. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Arrpk-4550-D (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ" कीओरसे/ Appellant By : Shri N. Arjun Raj (Advocate) -Ld. Ar " थ"कीओरसे/Respondent By : Shri Ar V Sreenivasan (Addl.Cit)-Ld. Sr. Dr सुनवाई की तारीख/Date Of Hearing : 30-04-2024 घोषणा की तारीख /Date Of Pronouncement : 06-05-2024 आदेश / O R D E R Manoj Kumar Aggarwal ()

For Appellant: Shri N. Arjun Raj (Advocate) -Ld. ARFor Respondent: Shri AR V Sreenivasan (Addl.CIT)-Ld. Sr. DR
Section 147Section 249(4)(b)Section 69A

assessee preferred further appeal. The Ld. CIT(A), invoking the provisions of Sec.249(4)(b), held that the assessee was to pay amount of advance tax otherwise the appeal would not be admitted. Since the assessee failed to do so, the appeal was not admitted. Aggrieved, the assessee

Navpreet Singh, Ferozepur vs. Assistant Commissioner of Income Tax Circle 45(1), New Delhi

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

ITA 587/DEL/2024[2011-12]Status: DisposedITAT Delhi03 May 2024AY 2011-12

Bench: SHRI SHAMIM YAHYA (Accountant Member), MS. MADHUMITA ROY (Judicial Member)

For Appellant: Shri Ashwani Kumar, CAFor Respondent: Shri Om Prakash, Sr. DR
Section 1Section 142(1)Section 144Section 148Section 208Section 249(4)(b)Section 250Section 294(4)(b)

aforesaid amounts as unexplained income of the assessee. 4. Upon assessee’s appeal, ld. CIT (A) dismissed the appeal on technical ground that advance tax was not paid by the assessee. 5. Against this order, assessee is in appeal before us. We have heard both the parties and perused ... 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. (3) In the present case the Appellant had no taxable income thus he had not filed any return of income. A notice

Computer Modelling Group Limited, Canada vs. ACIT International Taxation Circle 1(2)(1), New Delhi

In the result, all the four appeals of the assessee for AY 2012-13,

ITA 2091/DEL/2023[2020-21]Status: DisposedITAT Delhi03 May 2024AY 2020-21

Bench: Shri G.S. Pannu, Hon’Ble & Ms. Astha Chandra

Section 143(3)Section 144CSection 144C(13)Section 153Section 234ASection 234BSection 250Section 271(1)(c)Section 44B

section 209(1)(d) of the Act by the Finance Act, 2012 w.e.f. 01.04.2012 reads as under:- “Provided that for computing liability for advance tax, income-tax calculated under clause (a) or clause (b) or clause (c) shall not, in each case, be reduced by the aforesaid amount of income ... source has been paid, it would not be permissible for the Revenue to charge any interest under section 234B for alleged failure to pay advance tax by such assessee. 19.3 Before us, the assessee has relied upon the case of Mitsubishi Corporation 130 taxmann.com 276 (SC), wherein

Computer Modelling Group Limited, Canada vs. DCIT Circle International Taxation 1(2)(1), New Delhi

In the result, all the four appeals of the assessee for AY 2012-13,

ITA 2090/DEL/2023[2012-13]Status: DisposedITAT Delhi03 May 2024AY 2012-13

Bench: Shri G.S. Pannu, Hon’Ble & Ms. Astha Chandra

Section 143(3)Section 144CSection 144C(13)Section 153Section 234ASection 234BSection 250Section 271(1)(c)Section 44B

section 209(1)(d) of the Act by the Finance Act, 2012 w.e.f. 01.04.2012 reads as under:- “Provided that for computing liability for advance tax, income-tax calculated under clause (a) or clause (b) or clause (c) shall not, in each case, be reduced by the aforesaid amount of income ... source has been paid, it would not be permissible for the Revenue to charge any interest under section 234B for alleged failure to pay advance tax by such assessee. 19.3 Before us, the assessee has relied upon the case of Mitsubishi Corporation 130 taxmann.com 276 (SC), wherein

Computer Modelling Group Limited, Canada vs. ACIT, Circle-1(2)(1), Int. Taxation, New Delhi

In the result, all the four appeals of the assessee for AY 2012-13,

ITA 2305/DEL/2022[2019-20]Status: DisposedITAT Delhi03 May 2024AY 2019-20

Bench: Shri G.S. Pannu, Hon’Ble & Ms. Astha Chandra

Section 143(3)Section 144CSection 144C(13)Section 153Section 234ASection 234BSection 250Section 271(1)(c)Section 44B

section 209(1)(d) of the Act by the Finance Act, 2012 w.e.f. 01.04.2012 reads as under:- “Provided that for computing liability for advance tax, income-tax calculated under clause (a) or clause (b) or clause (c) shall not, in each case, be reduced by the aforesaid amount of income ... source has been paid, it would not be permissible for the Revenue to charge any interest under section 234B for alleged failure to pay advance tax by such assessee. 19.3 Before us, the assessee has relied upon the case of Mitsubishi Corporation 130 taxmann.com 276 (SC), wherein

M/S Santhimadom Ayurnikethan Health Resort & Research Institute Trust, Kochi vs. ACIT Central Circle -2, Kochi

In the result, the assessee’s appeals are allowed for statistical purposes

ITA 919/COCH/2022[2009-10]Status: DisposedITAT Cochin02 May 2024AY 2009-10

Bench: Shri Sanjay Arora & Ms. Kavitha Rajagopal

For Appellant: Shri Mathew Joseph, CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. DR
Section 153ASection 153CSection 234A

assessment is made, on the amount of the tax on the total income determined under regular assessment, as reduced by the amount of,— (i) advance tax, if any, paid; (ii) any tax deducted or collected at source; (iia) any relief of tax allowed under section 89; ITA Nos.916 to 919/Coch/2022 ... assessment year commencing on the 1st day of April, 1989 and subsequent assessment years. (emphasis, ours) Interest for defaults in payment of advance tax. 234B. (1) Subject to the other provisions of this section, where, in any financial year, an assessee who is liable to pay advance tax under section

M/S Santhimadom Ayurnikethan Health Resort & Research Institute Trust, Kochi vs. ACIT Central Circle 2, Kochi

In the result, the assessee’s appeals are allowed for statistical purposes

ITA 918/COCH/2022[2008-09]Status: DisposedITAT Cochin02 May 2024AY 2008-09

Bench: Shri Sanjay Arora & Ms. Kavitha Rajagopal

For Appellant: Shri Mathew Joseph, CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. DR
Section 153ASection 153CSection 234A

assessment is made, on the amount of the tax on the total income determined under regular assessment, as reduced by the amount of,— (i) advance tax, if any, paid; (ii) any tax deducted or collected at source; (iia) any relief of tax allowed under section 89; ITA Nos.916 to 919/Coch/2022 ... assessment year commencing on the 1st day of April, 1989 and subsequent assessment years. (emphasis, ours) Interest for defaults in payment of advance tax. 234B. (1) Subject to the other provisions of this section, where, in any financial year, an assessee who is liable to pay advance tax under section

M/S Santhimadom Ayurnikethan Health Resort & Research Institute Trust, Kochi vs. ACIT Central Circle -2, Kochi

In the result, the assessee’s appeals are allowed for statistical purposes

ITA 917/COCH/2022[2007-08]Status: DisposedITAT Cochin02 May 2024AY 2007-08

Bench: Shri Sanjay Arora & Ms. Kavitha Rajagopal

For Appellant: Shri Mathew Joseph, CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. DR
Section 153ASection 153CSection 234A

assessment is made, on the amount of the tax on the total income determined under regular assessment, as reduced by the amount of,— (i) advance tax, if any, paid; (ii) any tax deducted or collected at source; (iia) any relief of tax allowed under section 89; ITA Nos.916 to 919/Coch/2022 ... assessment year commencing on the 1st day of April, 1989 and subsequent assessment years. (emphasis, ours) Interest for defaults in payment of advance tax. 234B. (1) Subject to the other provisions of this section, where, in any financial year, an assessee who is liable to pay advance tax under section

M/S Santhimadom Ayurnikethan Health Resort & Research Institute Trust, Ernakulam vs. ACIT Central Circle-2, Kochi

In the result, the assessee’s appeals are allowed for statistical purposes

ITA 916/COCH/2022[2005-06]Status: DisposedITAT Cochin02 May 2024AY 2005-06

Bench: Shri Sanjay Arora & Ms. Kavitha Rajagopal

For Appellant: Shri Mathew Joseph, CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. DR
Section 153ASection 153CSection 234A

assessment is made, on the amount of the tax on the total income determined under regular assessment, as reduced by the amount of,— (i) advance tax, if any, paid; (ii) any tax deducted or collected at source; (iia) any relief of tax allowed under section 89; ITA Nos.916 to 919/Coch/2022 ... assessment year commencing on the 1st day of April, 1989 and subsequent assessment years. (emphasis, ours) Interest for defaults in payment of advance tax. 234B. (1) Subject to the other provisions of this section, where, in any financial year, an assessee who is liable to pay advance tax under section

The Jute Corporation of India Limited, Kolkata vs. DCIT, Circle-1(2), Kolkata

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

ITA 340/KOL/2022[2014-15]Status: DisposedITAT Kolkata01 May 2024AY 2014-15

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumari.T.A. No. 340/Kol/2022 Assessment Year: 2014-2015 The Jute Corporation Of India Ltd.,………..Appellant Hudco Building, 7Th Floor, 15N, Nellie Sengupta Sarani, Kolkata-700087 [Pan:Aabct8820B] -Vs.- Deputy Commissioner Of Income Tax,.….…Respondent Circle1(2), Kolkata, Aayakar Bhawan, 7Th Floor, P-7, Chowringhee Square, Kolkata-700069 Appearances By: Shri Vivek Jalan, A.R., Appeared On Behalf Of The Assessee Shri S. Datta, Cit, D.R., Appeared On Behalf Of The Revenue Date Of Concluding The Hearing : April 10, 2024 Date Of Pronouncing The Order : May 01, 2024 O R D E R

Section 154Section 263Section 43B

Rs.5,86,59,989/-. 10. Against the above demand, the assessee had paid as under:- (a) TDS/TCS Rs. 36,77,765/- (b) Advance Tax Rs4,90,00,000/- (c) Self-assessment Tax Rs. 26,80,000/- TOTAL Rs.5,53,57,765/- 11. Ld. Counsel for the assessee further submitted that

Renault Nissan Technology & Business Centre India Private Limited, Kanchipuram vs. ACIT, Corporate Circle 5(1), Chennai

In the result, both the appeals filed by the assessee are partly allowed for statistical purposes

ITA 914/CHNY/2023[2011-12]Status: DisposedITAT Chennai30 Apr 2024AY 2011-12

Bench: Shri S.S. Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./I.T.A. Nos.913 & 914/Chny/2023 िनधा"रण वष"/Assessment Years: 2010-11 & 2011-12 Renault Nissan Technology & Vs. The Assistant Commissioner Of Business Centre India Private Limited, Income Tax, Corporate Circle 5(1), Tp2/1, Ascendas It Park, Natham Main Building, Aayakar Bhavan, Sub Post Office, Mahindra World City, No. 121, M.G. Road, Kanchipuram District, Nungambakkam, Chennai 600 034. Tamil Nadu 603 004. [Pan:Aadcr7253E] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Ashik Shah, C.A. ""थ" की ओर से/Respondent By : Shri Nilay Baran Som, Cit सुनवाई की तारीख/ Date Of Hearing : 24.04.2024 घोषणा की तारीख /Date Of Pronouncement : 30.04.2024 आदेश /O R D E R Per S.S. Viswanethra Ravi: Both The Appeals Filed By The Assessee Against Separate Orders Both Dated 23.06.2023 Passed By The Nfac [Cit(A)] For The Assessment Year 2010-11 & 2011-12 Respectively.

For Appellant: Shri Ashik Shah, C.AFor Respondent: Shri Nilay Baran Som, CIT
Section 10A

against ₹.4,44,92,327/-. 27. At the outset, we note that the assessee claimed TDS credit under advance tax paid to an extent of ₹.4,44,92,327/-, which is clear from the return of income at page No. 37 of the paper book. The said credit was given

Renault Nissan Technology& Business Centre India Private Limited, Kanchipuram vs. ACIT, Corporate Circle 5(1), Chennai

In the result, both the appeals filed by the assessee are partly allowed for statistical purposes

ITA 913/CHNY/2023[2010-11]Status: DisposedITAT Chennai30 Apr 2024AY 2010-11

Bench: Shri S.S. Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./I.T.A. Nos.913 & 914/Chny/2023 िनधा"रण वष"/Assessment Years: 2010-11 & 2011-12 Renault Nissan Technology & Vs. The Assistant Commissioner Of Business Centre India Private Limited, Income Tax, Corporate Circle 5(1), Tp2/1, Ascendas It Park, Natham Main Building, Aayakar Bhavan, Sub Post Office, Mahindra World City, No. 121, M.G. Road, Kanchipuram District, Nungambakkam, Chennai 600 034. Tamil Nadu 603 004. [Pan:Aadcr7253E] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Ashik Shah, C.A. ""थ" की ओर से/Respondent By : Shri Nilay Baran Som, Cit सुनवाई की तारीख/ Date Of Hearing : 24.04.2024 घोषणा की तारीख /Date Of Pronouncement : 30.04.2024 आदेश /O R D E R Per S.S. Viswanethra Ravi: Both The Appeals Filed By The Assessee Against Separate Orders Both Dated 23.06.2023 Passed By The Nfac [Cit(A)] For The Assessment Year 2010-11 & 2011-12 Respectively.

For Appellant: Shri Ashik Shah, C.AFor Respondent: Shri Nilay Baran Som, CIT
Section 10A

against ₹.4,44,92,327/-. 27. At the outset, we note that the assessee claimed TDS credit under advance tax paid to an extent of ₹.4,44,92,327/-, which is clear from the return of income at page No. 37 of the paper book. The said credit was given

Lalit Rahul Mehta, Bangalore vs. ITO Ward 1(1) Thane, Thane

In the result, the appeal of the assessee bearing ITA No

ITA 4476/MUM/2023[2017-18]Status: DisposedITAT Mumbai30 Apr 2024AY 2017-18

Bench: Shri Anikesh Banerjee & Shri Gagan Goyal

For Appellant: Shri Tanmay PhadkeFor Respondent: Shri Manoj Kumar Sinha (SR.DR)
Section 139Section 144BSection 147Section 156Section 249(4)Section 250Section 270ASection 270A(10)Section 270A(8)

asked vide DIN & letter no. ITBA/NFAC/F/APLJ/2023-24/1057795938(1) dated 08.11.2023 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 16.11.2023 but the appellant failed to contradict ... information given at si. 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

Srei Infrastructure Finance Limited, Kolkata vs. ACIT, Cir-11(1), Kol, Kolkata

In the result, appeal of the assessee is allowed

ITA 1157/KOL/2023[2017-18]Status: DisposedITAT Kolkata29 Apr 2024AY 2017-18

Bench: Shri Rajpal Yadav & Dr. Manish Boradi.T.A. No.1157/Kol/2023 Assessment Year: 2017-18 Srei Infrastructure Finance Ltd. ………. Appellant (Pan: Aaacs1425L) Vs. Acit, Circle-11(1), Kolkata ……. Respondent Appearances By: Shri S. K. Tulsiyan, Advocate & Sm. Lata Goyal, Aca Appeared For Appellant Shri S. Datta, Cit, Dr Appeared For Respondent . Date Of Hearing : 07.02.2024 Date Of Pronouncing The Order : 29.04.2024 Order Per Manish Borad: This Appeal Filed By The Assessee Pertaining To The Assessment Year (In Short “Ay”) 2017-18 Is Directed Against The Order Passed U/S 250 Of The Income Tax Act, 1961 In Short The “Act”) By Ld. Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [In Short Ld. “Cit(A)”] Dated 05.09.2023 Arising Out Of The Assessment Order U/S. 154 R,W,S, 143(3) Of The Act By Acit, Circle-11(1), Kolkata Dated 12.07.2022. 2. Grounds Of Appeal Raised By The Assessee Are Reproduced As Under: “1. That On The Facts & In The Circumstances Of The Case, The Learned Commissioner Of Income Tax (Appeal), [Here- In- After Referred To As Ld. Cit(A)] Was Not Justified & Grossly Erred In Not Granting The Interest U/S. 244A Of The Income Tax Act, 1961 ('The Act').

Section 115JSection 139(1)Section 143(2)Section 154Section 244ASection 244A(2)Section 250

following manner, namely:— (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

DCIT, Circle-6, Jaipur, Ncrb vs. Amit Gupta, Taruchhaya Nagar, Jaipur

In the result, both the appeals of the department are dismissed

ITA 679/JPR/2023[2019-20]Status: DisposedITAT Jaipur26 Apr 2024AY 2019-20

Bench: The Due Date Of Filing Of Return For The Purpose Of Seeking Foreign Tax Credit Is A Mandatory Condition. 3. On The Facts & Circumstances Of The Case & In Law The Ld. Cit(A) Erred In Allowing The Foreign Tax Credit Amount Of Rs.64,00,660/- Without Appreciating The Fact That The Assessee Neither Filed Return Nor Form 67 For Claiming Foreign Tax Credit Within Due Date Prescribed For The Relevant Year Which Is Due Date Prescribed For The Relevant Year Which Is In Contravention To The Provisions Of The Act.

For Appellant: Shri Rohan Sogani, CA &For Respondent: Shri A.S. Nehra, Addl. CIT-DR
Section 139(4)Section 140ASection 143(1)Section 234ASection 90Section 91

assesse has made tax payments as Foreign Tax Credit (FTC) u/s.90/91 of the Act of Rs.64,00,660/- and other payments ie. TDS/TCS, Advance tax of and self- assessment tax u/s.140A of the Act has made by the assessee that met the total tax liability as per the assessee

Swarna Latha, Secunderabad vs. Income Tax Officer-Ward 10(3), Hyderabad

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

ITA 306/HYD/2024[2017-18]Status: DisposedITAT Hyderabad23 Apr 2024AY 2017-18

Bench: Shri Manjunatha. G. Hon’Bleassessment Year: 2017-18 Smt. Swarna Latha, Vs. The Income Tax Officer, Ward 10(3), 5-1-269, 1St Floor, Hyderabad. Pramod Sarojinidevi Libra, R.P. Road, Secunderabad - 500003 Telangana. Pan : Arwpm0164C (Appellant / Assessee) (Respondent) Assessee By: Shri Kumar Pal Tated, C.A. Revenue By: Ms. Vishnu Priya, Sr.Ar. 23.04.2024 Date Of Hearing: Date Of Pronouncement: 23.04.2024

For Appellant: Shri Kumar Pal Tated, C.AFor Respondent: Ms. Vishnu Priya, Sr.AR
Section 142(1)Section 144Section 249(4)(b)Section 69A

dismissed the appeal filed by the assessee by invoking the provisions of Section 249(4)(b) of the Income Tax Act for not paying advance tax in respect of income chargeable to tax. 8. Aggrieved with the order of Ld.CIT(A), the assessee is in appeal before me. 9. Learned ... assessee by invoking inapplicable provisions of Section 249(4)(b) of the Act even though the assessee is not required to pay the advance tax when the taxable income for any assessment year does not exceed maximum amount chargeable to tax. The learned counsel for the appellant further submitted that

The Andhra Pradesh State Handloom Weavers Co Operative Society Limited, Vijayawada vs. The Assistant Or Deputy Commissioner of Income Tax, Circle -1(1), Vijayawada

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

ITA 98/VIZ/2024[2015-16]Status: DisposedITAT Visakhapatnam19 Apr 2024AY 2015-16

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./I.T.A.No.98/Viz/2024 (ननधधारण वर्ा / Assessment Year : 2015-16) The Andhra Pradesh State Handloom Vs. Asst. / Dy.Commissioner Of Weavers Co-Operative Society Ltd. Income Tax D.No.29-11-9/1, Apco Bhavan, Circle-1(1) Venkateswara Rao Street Vijayawada Governorpet, Vijayawada [Pan : Aabat3780A] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

For Appellant: Shri M.V.Prasad, ARFor Respondent: Dr.Satyasai Rath, CIT(DR)
Section 147Section 249(4)

computed the total income at Rs.11,13,01,850/- and tax payable at Rs.9,98,75,161/- which includes the advance tax payable by the assessee as well as the interest on account of delayed payment of advance tax. 3. On being aggrieved, the assessee preferred an appeal before