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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

Maharashtra Housing & Area Development Authority, Mumbai vs. Asst CIT (E) 2(1), Mumbai

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

ITA 5597/MUM/2017[2013-14]Status: DisposedITAT Mumbai12 Oct 2022AY 2013-14

Bench: Shri Aby T. Varkey, Jm & Shri S. Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.5597/Mum/2017 (निर्धारण वर्ा / Assessment Year: 2013-14) Maharashtra Housing & Acit (Exemption)-2(1) बिधम/ Area Development Piramal Chambers, Vs. Office Of Finance Lalbaug, Mumbai- Controller, Mhada, 4Th 400012. Floor, Griha Nirman Bhavan, Kala Nagar, Bandra (E), Mumbai- 400051. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaajm0344H (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Nishant Thakkar/Ms. Jasmine Amalsadvala Revenue By: Shri S. H. Usmani (Dr) सुनवाई की तारीख / Date Of Hearing: 19/09/2022 घोषणा की तारीख /Date Of Pronouncement: 12/10/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)-01, Mumbai Dated 28.06.2017 For Assessment Year 2013-14. 2. The Grounds Of Appeal Preferred By Assessee Are As Under: - “1.0 Denial Of Exemption Under S. 11 The Learned Cit(A) Erred On Facts & Circumstances Of The Case & In Law In Upholding The Assessment Order Appealed Against Denying Exemption Under S.11 Of The Act. Relief Claimed: The Appellant Be Granted Exemption Under S.11 Of The Act. 2.0 Engaged In Business:

For Appellant: Shri Nishant Thakkar/Ms. JasmineFor Respondent: Shri S. H. Usmani (DR)
Section 11(1)(a)Section 11(2)Section 234B

denying the very application of s.234B & 234C of the Act to it, for the fact that the appellant was not under obligation to pay advance tax. ITA Ns. 5597/Mum/2017 A.Ys. 2013-14 Maharashtra Housing Area Development. Relief claimed: Interest u/s 234B & 234C of the Act be directed to be deleted

Shrinivas Vijay Tandale, Thane vs. ITO -WD 3(1), Kalyan

In the result, the appeal of the Assessee is Allowed

ITA 1838/MUM/2022[2017-18]Status: DisposedITAT Mumbai30 Sept 2022AY 2017-18

Bench: Shri Amit Shukla, Jm आयकरअपीलसं./ I.T.A. No.1838/Mum/2022 (निर्धारणवर्ा / Assessment Year: 2017-18) Shrinivas Vijay Tandale Ito- Ward 3(1) 2Nd Floor, Rani Mansion, 1201/202, Rutu River Above Canara Bank, Murabd View, Classic Bldg No.2 बिधम/ Road, Kalyan-421301 Gandhari Adharwadi Road Vs. Bear K M Agrawal College, Kalyan West 421301. स्थायीलेखासं./जीआइआरसं./ Pan No.Adopt6392H (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : अपीलाथीकीओरसे/ Appellant By : Shri Nimesh Chotani & Laxmi Gupta, Ar प्रत्यथीकीओरसे/Respondent By : Ms. Neeta Jeph, Dr सुनवाईकीतारीख/ : 01.09.2022 Date Of Hearing घोषणाकीतारीख / : 30.09.2022 Date Of Pronouncement आदेश / O R D E R Per Amit Shukla: The Aforesaid Appeal Has Been Filed By The Assessee Against The Order Dated 20/05/2022, Passed By National Faceless Appeal Centre (Nfac) For The Quantum Of Assessment Passed U/S 143(3) Of 2

For Appellant: Shri Nimesh Chotani &For Respondent: Ms. Neeta Jeph, DR
Section 143(3)Section 69A

Total Cash Accumulation (B) Less: Withdrawals 1,45,750 1,58,000 1,70,500 4,74,250 Drawings Cash deposited into Bank 333 Advance Tax profession Tax Other

Poonam Property Chs Ltd, Mumbai vs. CPC/ITO, 22(2)(1), Mumbai

In the result, appeal filed by the assessee is allowed with a direction to A

ITA 552/MUM/2022[2015-16]Status: DisposedITAT Mumbai19 Sept 2022AY 2015-16

Bench: Shri Kuldip Singh & Shri Gagan Goyalpoonam Property Chs Ltd. B-2, Poonam Properties Chs Ltd. Dr. Annie Besant Road, Worli, Mumbai-400018 Pan: Aaaap2735Q ...... Appellant Vs. Cpc/Ito-22(2)(1), 3Rd Floor, Piramal Chambers, Lalbaug, Mumbai-400020. ..... Respondent Appellant By : Sh. N.R. Agarwal Respondent By : Sh. Ashish Kumar, Sr. Dr Date Of Hearing : 07/07/2022 Date Of Pronouncement : 19/09/2022 Order Per Gagan Goyal, A.M: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals), Mumbai [Hereinafter Referred To As (‘Cit(A)] Dated 05.11.20218 For The Assessment Year (Ay) 2015-16. The Assessee Has Raised The Following Grounds Of Appeal: “1. The Ld. Cit(A) Erred In Confirming The Addition Of Rs. 20,85,481/- For Which Deduction Was Claimed U/S. 80P(2)(D) For Interest Earned From Co-Op. Bank.”

For Appellant: Sh. N.R. AgarwalFor Respondent: Sh. Ashish Kumar, Sr. DR
Section 10ASection 139Section 139(4)Section 142Section 143(1)(a)Section 154Section 80PSection 80P(2)(d)Section 89

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