“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

DCIT Cor 25(3), Mumbai vs. Parmar Build Tech, Mumbai

In the result the solitary ground of the appeal of the learned AO deserves to be dismissed

ITA 1100/MUM/2013[2008-09]Status: DisposedITAT Mumbai12 Sept 2022AY 2008-09

Bench: Shri Prashant Maharishi, Am & Ms. Kavitha Rajagopal, Jm

For Appellant: Mr. Naresh JainFor Respondent: Mr. Sandeep Rai, DR

Section 143Section 144Section 148Section 154Section 44A

A.Y.2008- 09 with the ITO Wd-4(2). Thane and it will pay the tax liability at the earliest. The firm will pay advance tax liability for 4. Y. 2009-10 as per the law. "The undisclosed income of Rs.3,35,58.200/- declared during the survey held

ACIT Cir 25(3), Mumbai vs. Parmar Built Tech, Mumbai

In the result the solitary ground of the appeal of the learned AO deserves to be dismissed

ITA 4122/MUM/2012[2009-10]Status: DisposedITAT Mumbai12 Sept 2022AY 2009-10

Bench: Shri Prashant Maharishi, Am & Ms. Kavitha Rajagopal, Jm

For Appellant: Mr. Naresh JainFor Respondent: Mr. Sandeep Rai, DR

Section 143Section 144Section 148Section 154Section 44A

ADIT (It)-3(2), Mumbai vs. M/S. Nagase & Company Ltd., Mumbai

In the result, appeal by the Revenue is dismissed

ITA 2312/MUM/2007[2003-2004]Status: DisposedITAT Mumbai09 Sept 2022AY 2003-2004

Bench: Shri Prashant Maharashi & Shri Sandeep Singh Karhail

For Appellant: Shri Nitesh JoshiFor Respondent: Shri C.T. Mathews

Section 143(3)Section 234BSection 250

Ld.CIT(A) has erred in deleting the interest u/s 234B of the Act levied by the AO for short payment of advance tax. 4. The appellant prays that the order of the Ld.CIT(A) on the above grounds be set aside and that of the AO restored. 5. The appellant

M/S. Nagase & Company Ltd., Mumbai vs. ADIT (I.T) - RG.-3(2), Mumbai

In the result, appeal by the Revenue is dismissed

ITA 1805/MUM/2007[2003-2004]Status: DisposedITAT Mumbai09 Sept 2022AY 2003-2004

Bench: Shri Prashant Maharashi & Shri Sandeep Singh Karhail

For Appellant: Shri Nitesh JoshiFor Respondent: Shri C.T. Mathews

Section 143(3)Section 234BSection 250

M/S. Nagase & Company Ltd., Mumbai vs. ADIT (I.T) - RG.-3(2), Mumbai

In the result, appeal by the Revenue is dismissed

ITA 1803/MUM/2007[2001-2002]Status: DisposedITAT Mumbai09 Sept 2022AY 2001-2002

Bench: Shri Prashant Maharashi & Shri Sandeep Singh Karhail

For Appellant: Shri Nitesh JoshiFor Respondent: Shri C.T. Mathews

Section 143(3)Section 234BSection 250

The ADIT(It)-3(2), Mumbai vs. M/.S Nagase & Company Ltd, Mumbai

In the result, appeal by the Revenue is dismissed

ITA 343/MUM/2006[2001-2002]Status: DisposedITAT Mumbai09 Sept 2022AY 2001-2002

Bench: Shri Prashant Maharashi & Shri Sandeep Singh Karhail

For Appellant: Shri Nitesh JoshiFor Respondent: Shri C.T. Mathews

Section 143(3)Section 234BSection 250

M/S. Nagase & Co. Ltd., Mumbai vs. CIT(A) Xxxiii, Mumbai

In the result, appeal by the Revenue is dismissed

ITA 118/MUM/2006[2001-2002]Status: DisposedITAT Mumbai09 Sept 2022AY 2001-2002

Bench: Shri Prashant Maharashi & Shri Sandeep Singh Karhail

For Appellant: Shri Nitesh JoshiFor Respondent: Shri C.T. Mathews

Section 143(3)Section 234BSection 250

Grama Vidyodaya Sangha (Regd), Mysuru vs. Deputy Commissioner of Income Tax, CPC, Bangalore

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

ITA 345/BANG/2022[2018-19]Status: DisposedITAT Bangalore06 Sept 2022AY 2018-19

Bench: Shri Chandra Poojari & Shri George George K.Assessment Year: 2018-19

For Appellant: Shri K. Kotresh, A.RFor Respondent: Shri K.R. Narayana, D.R

Section 10Section 11Section 12ASection 12A(2)Section 143(1)Section 234A

tax or interest is found due on the basis of such return, after adjustment of any tax deducted at source, any advance tax paid, any tax paid on self-assessment and any amount paid otherwise by way of tax or interest, then, without prejudice to the provisions of sub- section ... return has been made under section 139, or in response to a notice under section 142(1),-- - any tax deducted at source. - any advance tax paid, - any tax paid on self-assessment and - any amount paid otherwise by way of tax or interest, then without prejudice to the provisions

Gmr Energy Limited, Bengaluru vs. Assistant Director Income Tax, CPC, Bangalore

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

ITA 526/BANG/2022[2020-21]Status: DisposedITAT Bangalore02 Sept 2022AY 2020-21

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri Jagdish K. Jogi, A.RFor Respondent: Shri Sumer Singh Meena, D.R

Section 143(1)Section 143(1)(a)

tax or interest is found due on the basis of such return, after adjustment of any tax deducted at source, any advance tax paid, any tax paid on self-assessment and any amount paid otherwise by way of tax or interest, then, without prejudice to the provisions of sub- section ... notice under section 142(1),-- ITA Nos.513 & 526/Bang/2022 M/s. GMR Energy Limited, Bangalore Page 9 of 22 - any tax deducted at source. - any advance tax paid, - any tax paid on self-assessment and - any amount paid otherwise by way of tax or interest, then without prejudice to the provisions

Gmr Energy Limited, Bengaluru vs. Assistant Director of Income Tax, CPC, Bangalore

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

ITA 513/BANG/2022[2019-20]Status: DisposedITAT Bangalore02 Sept 2022AY 2019-20

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri Jagdish K. Jogi, A.RFor Respondent: Shri Sumer Singh Meena, D.R

Section 143(1)Section 143(1)(a)

tax or interest is found due on the basis of such return, after adjustment of any tax deducted at source, any advance tax paid, any tax paid on self-assessment and any amount paid otherwise by way of tax or interest, then, without prejudice to the provisions of sub- section ... notice under section 142(1),-- ITA Nos.513 & 526/Bang/2022 M/s. GMR Energy Limited, Bangalore Page 9 of 22 - any tax deducted at source. - any advance tax paid, - any tax paid on self-assessment and - any amount paid otherwise by way of tax or interest, then without prejudice to the provisions

Arif Ansari, Mumbai vs. Income Tax Offficer, WD 22(1) (6), Mumbai

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

ITA 1546/MUM/2022[2017-18]Status: DisposedITAT Mumbai30 Aug 2022AY 2017-18

Bench: Shri Baskaran Br & Shri Pavan Kumar Gadalearif Ansari Vs. Ito, Ward-22(1)(6) Room No. 1, Prakar Wadi, Room No.108, 1St Lj Road, Patra Chawl, Floor, Piramal Mahim, Mumbai 400016 Chamber, Lal Baug, Parel, Mumbai- 400012. Pan/Gir No. : Aabpa0047Q Appellant .. Respondent Appellant By : Mr.Mohmmed Khan.Ar Respondent By : Mr. R.P .Veena.Dr Date Of Hearing 24.08.2022 Date Of Pronouncement 29.08.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Of The Cit(A)-National Faceless Appeal Centre (Nfac), Delhi Passed U/S 144 & 250 Of The Act. The Assessee Has Raised The Following Grounds Of Appeal.

For Appellant: Mr.Mohmmed Khan.ARFor Respondent: Mr. R.P .Veena.DR

Section 142(1)Section 144Section 234ASection 80CSection 80D

circumstances of the case in: Arif Ansari, Mumbai. a. Not Granting Credit for Pre-paid taxes of Rs. 1,00,000/- being advance tax paid as under, in spite of reporting in Form No. 26AS and filing of receipted Challans: Date of Payment Amount ... Direction may be issued to grant full and proper credit for the entire pre paid taxes of Rs. 1,00,000/- being advance tax paid after due verification of records. b. Not granting admissible deduction under Chapter VI- A of the Act , in spite of filing documentary evidence thereof

The Dy Commissioner of Income Tax, Central Circle-5(1), Mumbai vs. M/S Arch Pharmalabs Ltd, Mumbai

ITA 852/MUM/2022[2012-13]Status: DisposedITAT Mumbai25 Aug 2022AY 2012-13

Bench: Shri Kuldip Singh & Shri Om Prakash Kantassessment Year: 2012-13

For Appellant: Shri Aakash Kumar, A.RFor Respondent: Shri Manoj Sinha, D.R

Section 143Section 143(1)Section 147Section 154Section 234BSection 244A

erred in not allowing the adjustment of Refund of AY 2004-05 to AY 2011-12 against the shortfall of payment of Advance Tax & Self-Assessment Tax on the cutoff datei.e 15.12.2011. (ii) The refund of earlier years should be adjusted on the cuf-off date i.e 15.12.2011 (date ... short fall in advance tax of AY 2012-13) as the said amount was already lying with Income Tax Department, which was collected by the Income Tax Department due to erroneous assessment proceedings of previous years. 3. (i) The Ld. CIT(A) erred in law and on facts in confirming

Arch Pharmalabs Ltd, Mumbai vs. Commissioner of Income Tax Appeal-53, Mumbai

ITA 515/MUM/2022[2012-13]Status: DisposedITAT Mumbai25 Aug 2022AY 2012-13

Bench: Shri Kuldip Singh & Shri Om Prakash Kantassessment Year: 2012-13

For Appellant: Shri Aakash Kumar, A.RFor Respondent: Shri Manoj Sinha, D.R

Section 143Section 143(1)Section 147Section 154Section 234BSection 244A

Orient Overseas Container Line Limited, Mumbai vs. Office of the Deputy Commissioner of Income Tax (International Tax)-3(2)(2), Mumbai

In the result, appeal filed by the assessee is allowed

ITA 826/MUM/2022[2018-19]Status: DisposedITAT Mumbai23 Aug 2022AY 2018-19

Bench: Shri Amit Shukla, Hon'Ble & Shri S. Rifaur Rahman, Hon'Bleorient Overseas Container Line Limited V. Dcit(It)-3(2)(2) C/O. Oocl (India) Private Limited 16Th Floor Icc Chambers, 5Th Floor Air India Building Saki Vihar Road, Opp. Santogen Silk Mills Nariman Point Powai, Mumbai - 400072 Mumbai – 400 021 Pan: Aaaco5679E (Appellant) (Respondent) Assessee By : Shri Nikhil Tiwari Department By : Ms. Bharati Singh

For Appellant: Shri Nikhil TiwariFor Respondent: Ms. Bharati Singh

Section 143(2)Section 143(3)Section 144C(5)Section 154Section 234CSection 44B

determined the total tax liability at ₹.33,12,25,014/-. While giving credit Assessing Officer has considered TDS ₹.1,38,91,173/-, advance tax ₹.32,22,96,892/- and assessee has paid self-assessment tax at ₹.2,91,34,427/-. Therefore, the total tax paid by the assessee ... kindly rectify the said mistake apparent from record and grant balance TDS credit of Rs. 4,35,455. 2. Short Grant of credit of Advance taxes paid 2.1. For the captioned AY, OOCLL claimed credit of advance tax amounting to Rs. 32,29,25,991 in the return of income

Kantilal Jain, Bangalore vs. Income Tax Officer, Ward-3(3)(1), Bangalore

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

ITA 579/BANG/2022[2017-18]Status: DisposedITAT Bangalore18 Aug 2022AY 2017-18

Bench: Shri Chandra Poojariassessment Year: 2017-18

For Appellant: Shri B.R. Sudheendra, A.RFor Respondent: Shri Ganesh R. Ghale, Standing Counsel

Section 143(1)Section 194DSection 234BSection 234CSection 250

maturity proceeds. Total tax payable in the return of income amounted to Rs. 3,34,331/-, which was paid via advance tax Rs. 32,000/-, Tax deducted at source Rs. 1,21,659/- and self-assessment tax Rs. 1,80,672/- 3.2 During the financial year 2006-07, the appellant ... enhanced to Rs.7,36,897/- after additional Interest U/s. 234B Rs. 95,311/- and 234C Rs. 24,897/-. Such tax liability is adjusted with advance tax, TDS and self-assessment tax paid by the appellant. Thus, net tax liability Kantilal Jain, Bangalore Page 7 of 20 payable has been determined

Hamilton Industries Pvt. Ltd., Mumbai vs. ITO -WD 7(1)(1), Mumbai

In the result, appeal filed by the assessee is allowed

ITA 218/MUM/2022[2018-19]Status: DisposedITAT Mumbai10 Aug 2022AY 2018-19

Bench: Shri Aby T Varkey & Shri Gagan Goyalm/S Hamilton Industries Pvt. Ltd. Unit No. 8 & 9, Ground Floor, Kakad, Chamber, 132, Dr. Annie Besant Road, Worli, Mumbai-400018. Pan: Aaach0375E ...... Appellant Vs. Ito, Ward 7(1)(1), Aayakar Bhavan, Mumbai-400020. ..... Respondent Appellant By : Sh. Piyush Chhajed, C.A Respondent By : Sh. Prasoon Kabra Date Of Hearing : 18/05/2022 Date Of Pronouncement : 10/08/2022 Order Per Gagan Goyal, A.M:

For Appellant: Sh. Piyush Chhajed, C.AFor Respondent: Sh. Prasoon Kabra

Section 139(1)Section 143(1)Section 143(1)(a)Section 154Section 208Section 234CSection 250Section 44A

Income tax Act, 1961 without appreciating that the book profit includes capital gain income which arose in 4h quarter therefore the liability to pay advance tax arise only on 15.03.2018 & 30.03.2018." 2. Brief facts of the case are that the assessee filed its return of income ... which arose in 4th quarter only i.e., on 28-02-2018 and 28-03-2018. Accordingly, assessee paid advance tax on 15-03-2018 and 31-03-2018 for the capital gains arose on 28-02-2018 and 28-03-2018 respectively. Subsequently an intimation u/s 143(1) received

Kirtida Rameshchandra Chandarana, Mumbai vs. CIT (A) National Faceless Appeal Center, Delhi

In the result appeal of the assessee is fully allowed with consequential relief in terms of reversal of interest charged u/s 234B and 234C with immediate grant of refund if any with consequential i...

ITA 122/MUM/2022[2013-14]Status: DisposedITAT Mumbai05 Aug 2022AY 2013-14

Bench: Shri Aby T Varkey & Shri Gagan Goyalkirtida Rameshchandra Chandarana, Flat No. 74, 7Th Floor, Sangita, Arthur Bunder Road, Colaba, Mumbai-400005. Pan: Aadpc1459Q ...... Appellant Vs. Cit (Appeals), National Faceless Appeal Centre, Delhi. ..... Respondent Appellant By : Sh. Ameet Patel Respondent By : Sh. Vijay Kumar Soni, Sr. Dr Date Of Hearing : 12/05/2022 Date Of Pronouncement : 05/08/2022

For Appellant: Sh. Ameet PatelFor Respondent: Sh. Vijay Kumar Soni, Sr. DR

Section 154Section 194Section 234BSection 244ASection 250

Total tax liability on this income was Rs 11, 48,789/-. Against this liability of Rs 11, 48,789/- assessee paid advance tax of Rs 715000/- and claimed TDS of Rs 453605/-, resulting in refund u/s 244A) amounting to Rs 19,816/- On 10th of August 2018 assessee received

M/S. Airbus Group India Private Limited, Bangalore vs. Deputy Commissioner of Income Tax, Circle- 1(1)(1), Bangalore

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

ITA 2385/BANG/2019[2015-16]Status: DisposedITAT Bangalore05 Aug 2022AY 2015-16

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri Sumeet Khurana, A.RFor Respondent: Dr. Manjunath Karkihalli, D.R

Section 133(6)Section 143(3)Section 144CSection 92D

regard to Article 26(4) of India-France Double Taxation Avoidance Agreement. (Tax effect: INR 19,517,792) 7. Short grant of credit for advance tax and tax deducted at source (‘TDS’) and non-grant of Minimum Alternate Tax (‘MAT’) 7.1. That the Learned AO erred in allowing lower advance

Skv Industrial Plant & Waste Treatment Pvt. Ltd., Mumbai vs. ITO Ward -3(3)(3), Mumbai

ITA 7375/MUM/2018[2014-15]Status: DisposedITAT Mumbai02 Aug 2022AY 2014-15

For Appellant: Shri Prakash PanditFor Respondent: Shri Hoshang B. Irani

Section 143(2)Section 143(3)Section 234ASection 254Section 43B

234A, 234B & 234C was liable to be levied in the appellant's case when the appellant had filed a loss return and no Advance Tax was payable in view of the Bombay High Court judgment in the case of Prime Securities Ltd. Vs. ACIT(Inv) reported

Karnataka Journalists' Cooperative Society Limited, Bangalore vs. The Income Tax Officer, Ward-1(2)(5), Bangalore

ITA 531/BANG/2022[2017-18]Status: DisposedITAT Bangalore02 Aug 2022AY 2017-18

Bench: Shri Chandra Poojari & Smt. Beena Pillai & S.P. No. 32/Bang/2022 (In Ita No. 531/Bang/2022) Assessment Year : 2017-18 M/S. Karnataka Journalists’ Cooperative Society Ltd., The Income Tax Suvarna Bhavana, Officer, 2Nd Floor, Ward 1 (2)(5), No. 11/4, Queen’S Road, Bangalore. Vs. Bangalore – 560 052. Pan: Aaaak3609A Appellant Respondent

For Appellant: Shri Ravi Shankar, Advocate

Section 250Section 80Section 80P

interest of Rs. 5,90,604/- under sections 234B and 234 C on the alleged ground that appellant has failed to pay the advance tax and has deferred the payment of advance tax is wholly arbitrary and unjustified. 15. For these and other grounds that may be urged