“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

ITO 15(2)(2), Mumbai vs. M/S Niche Health Options P Ltd., Mumbai

In the result, the appeal is dismissed

ITA 1373/MUM/2020[2014-15]Status: HeardITAT Mumbai29 Jun 2022AY 2014-15

Section 143Section 40A(2)Section 40A(2)(b)

activities/business of the company. He has also pointed out that intention of the appellant company could be understood by the quantum of advance tax payments for the first two quarters which according to him was substantial with that of the preceding year. The enhanced remuneration was stated to be approved

M/S Total Environment Building Systems Private Limited, Bangalore vs. Deputy Commissioner of Income Tax Circle-7(1)(1), Bangalore

In the result, revenue’s appeal stands dismissed and the assessee’s appeals for A

ITA 46/BANG/2017[2011-12]Status: DisposedITAT Bangalore29 Jun 2022AY 2011-12

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

For Respondent: Shri Vilas V Shinde, CIT DR

Section 250Section 37Section 40Section 43B

action of the AO in disallowing the proportionate interest of INR 16,10,960 attributable to the borrowed money diverted for payment of advance tax purpose. 13. The learned CIT (A) has failed to appreciate that there was no diversion of borrowed money and the borrowed money has been fully ... 46/Bang/2017 Bharat Commerce Industries Ltd, the issue involved is relating to interest paid on late payment of advance-tax. Therefore, the issue involved in the present case is not relating to late remittance of advance-tax but late remittance of TDS. Therefore, the issue involved is whether the interest paid

Total Environment Building Systems Private Limited, Bangalore vs. Deputy Commissioner of Income Tax Circle-7(1)(1), Bangalore

In the result, revenue’s appeal stands dismissed and the assessee’s appeals for A

ITA 45/BANG/2017[2010-11]Status: DisposedITAT Bangalore29 Jun 2022AY 2010-11

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

For Respondent: Shri Vilas V Shinde, CIT DR

Section 250Section 37Section 40Section 43B

Deputy Commissioner of Income Tax Circle-7(1)(1), Bangalore vs. M/S Total Environment Building Systems Pvt Ltd, Bangalore

In the result, revenue’s appeal stands dismissed and the assessee’s appeals for A

ITA 40/BANG/2017[2010-11]Status: DisposedITAT Bangalore29 Jun 2022AY 2010-11

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

For Respondent: Shri Vilas V Shinde, CIT DR

Section 250Section 37Section 40Section 43B

Dy CIT. Circle-1, Thane vs. M/S Travecom Global P. Ltd., Bhayander

In the result, appeal filed by the Revenue is dismissed

ITA 59/MUM/2021[2016-17]Status: DisposedITAT Mumbai28 Jun 2022AY 2016-17

Bench: Shri Aby T. Varkey, Hon'Ble & Shri S. Rifaur Rahman, Hon'Bledcit – Circle 1 V. M/S. Travecom Global Pvt. Ltd., Room No. 22, B-Wing B/607, Krishnakunj 6Th Floor, Ashar I.T. Park Salasar Brij Bhoomi Wagle Industrial Estate Bhayander (W)-401101 Thane (W)-400604 Pan: Aaect8729Q (Appellant) (Respondent) Assessee By : Ms. Aarti Vissanji Department By : Shri B.K. Bagchi

For Appellant: Ms. Aarti VissanjiFor Respondent: Shri B.K. Bagchi

Section 143(2)Section 56(2)(viib)

value of the assets in the balance-sheet as reduced by any amount of tax paid as deduction or Election at source or as advance tax payment as reduced by the amount of tax claimed as refund under Income-tax Act and any amount shown in the balance-sheet ... apart towards depreciation; (iv) any amount representing provision for taxation, other than amount of tax paid as deduction or collection at source or as advance tax payment as reduced by the amount of tax claimed as refund under the Income-tax Act, to the extent of the excess over

Tata Housing Development Company Ltd., Mumbai vs. DCIT- 8(3)(1), Mumbai

In the result, the appeal filed by the assessee ITA

ITA 3491/MUM/2019[2015-16]Status: DisposedITAT Mumbai28 Jun 2022AY 2015-16

Bench: Shri Pavan Kumar Gadale & Shri Amarjit Singhm/S Tata Housing Vs. Dcit – 8(3)(1) Development Company Room No. 615, Ltd.,E Block, Voltas Aayakar Bhavan, Compound, Tb Kadam Mk Marg, Marg, Chinchpokli, Mumbai – 400020. Mumbai – 400033. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. :Aaact0191Q Appellant .. Respondent Dcit – 8(3)(1) Vs. M/S. Tata Housing Room No. 615, Aayakar Development Company Bhavan, Ltd.,E Block, Voltas Mk Marg, Compound, Tb Kadam Mumbai – 400020. Marg, Chinchpokli, Mumbai – 400033. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. :Aaact0191Q Appellant .. Respondent

For Appellant: Shri.Madhur Agarwal.ARFor Respondent: Shri.Ajay Kumar. CIT DR

Section 115JSection 143(2)Section 143(3)Section 14ASection 36(1)Section 36(1)(iii)

High Court and thus, appellant should not be penalized for same. It was not possible for the appellant to estimate the income and pay advance tax as the scheme was approved after the close of financial year. ITA No. 3491 & 3533/Mum/2019 Tata Housing Development Co. Ltd, Mumbai In support ... also note that the first appellate authority upheld the order of the assessing officer by holding that the demerged company did not transfer the advance tax paid it on behalf of the assessee and hence the interest u/s 234 B & C was ITA No. 3491 & 3533/Mum/2019 Tata Housing Development

Ghanshyam Vashishta, Surat vs. ACIT CC-1(3), Mumbai

In the result, all the appeals filed by the different assessees are allowed in terms as indicated above

ITA 341/MUM/2022[2015-16]Status: DisposedITAT Mumbai24 Jun 2022AY 2015-16

Bench: Shri Amit Shukla, Jm & Shri Amarjit Singh, Am

Section 143(3)

balance sheet comprise of Loan & Advances, Debtors and Investments (in shares etc.). These assets almost match the figures of their Business Creditors. > The advance tax payments or self assessment tax payments are NIL, despite their Turn over running in to Several Crores. 16 I.T.A. No. 341/Mum/2022 & Others > Almost the entire

DCIT Cent, Cir-2(2), Mumbai vs. M/S. Vinati Organics Ltd, Mumbai

In the result, the appeal filed by the revenue is partly allowed and the assessee appeal is allowed for statistical purpose

ITA 1799/MUM/2021[2013-14]Status: DisposedITAT Mumbai22 Jun 2022AY 2013-14

Bench: Shri M. Balaganesh () & Shri Pavan Kumar Gadale () Assessment Year: 2013-14

For Appellant: Mr. Sidhharth Kothari, ARFor Respondent: Mr. S.N. Kabra, DR

Section 143(2)Section 143(3)Section 14ASection 195Section 32Section 4

universalise quality basic education, is proposed to be levied at the rate of two per cent on the amount of tax deducted or advance tax paid, inclusive of surcharge.” 22. The provisions of the Finance Act 2011 relevant to the Assessment Year under consideration i.e. 2012-13 are also relevant

Florence Distributors Pvt. Ltd., Mumbai vs. ACIT(OSD) 1(1)(3), Mumbai

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

ITA 2009/MUM/2021[2004-05]Status: DisposedITAT Mumbai15 Jun 2022AY 2004-05

Bench: Shri M Balaganesh & Shri Pavan Kumar Gadaleflorence Distributors Vs. The Acit (Osd)-1(1)(3) Pvt Ltd Room No. 529, 5Th 5, Kitab Mahal, 192, Floor, Aayakar Bhavan Dr. Dn Road, Form Mk Road, Mumbai – 400 001. Mumbai – 400 020. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacf7905J Appellant .. Respondent Appellant By : Mr.Sunil Hirawat.Ar Respondent By : Mr. S N Kabra. Dr Date Of Hearing 31.05.2022 Date Of Pronouncement 06.06.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Of The Commissioner Of Income Tax (Appeals)- 2, Mumbai Order Passed U/S 154 & 250 Of The Income Tax Act, 1961. The Assessee Has Raised The Following Grounds Of Appeal.

For Appellant: Mr.Sunil Hirawat.ARFor Respondent: Mr. S N Kabra. DR

Section 143(1)Section 154

income of Rs.1,11,795/- and claimed the refund of Rs. 3,454/- after considering set off of TDS of Rs. 32,560/- and advance tax paid of Rs. 11,000/-. Subsequently, the A.O. has passed the intimation u/s 143(1) of the Act with holding the TDS credit

Raymond Ltd, Mumbai vs. DCIT RG 2(3), Mumbai

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

ITA 8642/MUM/2011[2000-01]Status: DisposedITAT Mumbai15 Jun 2022AY 2000-01

Bench: Shri Amarjit Singh & Shri Sandeep Singh Karhailita Nos. 8641 & 8642/Mum/2011 (A.Ys. 1999-2000 & 2000-01) Raymond Limited, Vs. The Dcit-2(3) New Hind House, Aayakar Bhavan, Narottam Morarjee Marg, M.K. Road, Ballard Estate, Mumbai – 400 020 Mumbai – 400 001 स्थायी लेखा सं./ जीआइआर सं./ Pan/Gir No: Aaacr4896A Assessee .. Revenue

For Appellant: Nitesh JoshiFor Respondent: Shri T. Shankar

Section 140ASection 14ASection 14A(2)Section 244A(1)(b)Section 80H

Income-tax (Appeals) -6, Mumbai dated 30/09/2011 for assessment years 1994-95, 1995-96 and 1998-99, on the ground that even though the advance tax and TDS was more than the tax payable on returned income the appellant had paid self-assessment tax which is in violation ... stand covered by Section 244A(1)(a) of the Act. This is so as it is neither the payment of tax by way of advance tax or by way of tax deducted at source. Thus tax paid on self assessment would fall under Section 244A

Raymond Ltd, Mumbai vs. DCIT RG 2(3), Mumbai

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

ITA 8641/MUM/2011[1999-00]Status: DisposedITAT Mumbai15 Jun 2022AY 1999-00

For Appellant: Nitesh JoshiFor Respondent: Shri T. Shankar

Section 140ASection 14ASection 14A(2)Section 244A(1)(b)Section 80H

Late Rehmatunisa A. Sayed Through L/H Salimullah A. Sayed (Son), Mumbai vs. The ITO-34(2)(1), Mumbai

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

ITA 1405/MUM/2021[2011-12]Status: DisposedITAT Mumbai10 Jun 2022AY 2011-12

Bench: Shri Pavan Kumar Gadale & Shri Gagan Goyallate Rehmatunisa A. Vs. The Ito – 34(2)(1) Sayed Through L/H Bandra Kurla Salimullah A. Sayed Complex, C-11 (Son), Bandra(East), C/11/82, Mig Colony, Mumbai- 400051. Bandra (East), Mumbai-400051. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Dbpps7580J Appellant .. Respondent Appellant By : Shri.Kalpesh Turlkar.Ar Respondent By : Shri Pramod Nikalje.Dr Date Of Hearing 13.06.2022 Date Of Pronouncement 14.06.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Of The National Faceless Appeal Centre (Nfac), New Delhi Passed U/S 143(3) R.W.S 147 & 250 Of The Act. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Shri.Kalpesh Turlkar.ARFor Respondent: Shri Pramod Nikalje.DR

Section 143(3)Section 147Section 148Section 210Section 234A

234B as receipt of Rs. 25,21,508/- was not expected as liable to tax at the time of estimating a income for advance tax u/s 210 of the Income Tax Act, 1961. v. The appellant craves leave to add, alter, amend or delete any ground(s) of appeal either

M/S Delhi International Airport Private Limited, Bangalore vs. Joint Commissioner of Income Tax(OSD) Central Circle-2(2), Bangalore

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

ITA 127/BANG/2022[2016-17]Status: DisposedITAT Bangalore09 Jun 2022AY 2016-17

Bench: Shri George George K, Jm & Ms.Padmavathy S, Am

For Appellant: Sri.Sunil Jain, CAFor Respondent: Sri.Priyadarshi Mishra, Addl.CIT -DR

Section 115JSection 143(3)Section 154Section 234CSection 244ASection 250

prepaid taxes of 3 ITA No.127/Bang/2022. M/s.Delhi International Airport Limited. Rs.128,66,76,042/- comprising of TDS of Rs.108,66,76,042/- and advance tax of Rs.20,00,00,000/- and accordingly a tax refund of Rs.72,77,500/- was claimed in the return of income. (refer factual Paper Book ... Rs.51,64,617/-) as against the amount of prepaid taxes of Rs.134,43,75,586/- comprising of TDS of Rs.114,43,75,586/- and advance tax of Rs.20,00,00,000/- and accordingly a tax refund of Rs.6,73,13,880/- was claimed in the return of income. (refer factual

M/S. Biocon Limited, Bengaluru vs. Commissioner of Income Tax, Ltu, Bengaluru

In the result, the appeal filed by the assessee is allowed on the legal issue raised in ground no

ITA 1858/BANG/2018[2010-11]Status: DisposedITAT Bangalore09 Jun 2022AY 2010-11

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiassessment Year : 2010-11 The Joint M/S. Biocon Ltd., Commissioner Of 20Th Km, Hosur Road, Income-Tax, Electronic City, Large Tax Payers Bangalore – 560 100. Unit [Ltu], Pan: Aaacb7461R Vs. Bangalore. Appellant Respondent : Shri Padam Chand Khincha, Assessee By Ca Revenue By : Shri Pradeep Kumar, Cit Dr Date Of Hearing : 20-04-2022 Date Of Pronouncement : 09-06-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against The Order Dated 28.03.2018 Passed By Ld.Cit(A)-3, Bangalore For A.Y. 2010-11 On Following Grounds Of Appeal: “The Grounds Mentioned Herein Below Are Independent & Without Prejudice To The Other Grounds Preferred By The Appellant. 1. That On Facts & Circumstances Of The ' Case & In Law, The Order Passed By The Learned Commissioner Of Income-Tax Appeals ["Cit(A)"] Dated March 28, 2018 Under Section 250 Of The Income-Tax Act, 1961 ("The Act") For Ay 2010-11 To The Extent Prejudicial To The Appellant, Is Bad In Law & Facts & Liable To Be Quashed. 2. Scope Of Re-Assessment Proceedings

For Respondent: Shri Padam Chand Khincha

Section 147Section 250Section 35

115JB of the Act. The return was picked up for scrutiny. The Ld.AO noticed that, the assessee deposited TDS of Rs.3,16,42,729/-, advance tax of Rs.20,10,00,000/-. The assessee claimed foreign tax credit of Rs.42,61,934/-. The Ld.AO completed the assessment u/s. 143(3) vide

Hewlett-Packard Globalsoft Private Limtied, Bangalore vs. DCIT, Bangalore

In the result, the appeal filed by the assessee stands partly allowed for statistical purposes and the appeal of the revenue stands dismissed

ITA 835/BANG/2016[2011-12]Status: DisposedITAT Bangalore03 Jun 2022AY 2011-12

higher education cess while determining the tax payable by the assessee. 11.2 Ground No.10.2 - The Learned AO has erred, in granting credit for Advance tax at INR 37,82,00,000 as against an amount of INR 37,95,80,000, leading to short grant to the extent

DCIT, Bangalore vs. M/S Hewlett Packard Globalsoft Pvt. Ltd., Bangalore

In the result, the appeal filed by the assessee stands partly allowed for statistical purposes and the appeal of the revenue stands dismissed

ITA 810/BANG/2016[2011-12]Status: DisposedITAT Bangalore03 Jun 2022AY 2011-12

State Bank of India Financial Reporting & Taxation Dept., Mumbai vs. ACIT Circle 2 (2)(1), Mumbai

In the result, appeal by the assessee is partly allowed

ITA 807/MUM/2019[2012-13]Status: DisposedITAT Mumbai26 May 2022AY 2012-13

Bench: Shri Prashant Maharishi & Shri Sandeep Singh Karhail

For Appellant: Shri Ketan VedFor Respondent: Shri Shekhar L. Gajbhiye, CIT–DR

Section 143(3)Section 154Section 234DSection 244ASection 250

calculated in the prescribed manner. Clause (a) stipulates that where the refund is out of any tax paid, inter alia 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 prescribed

Gmr Highways Limited, Bengaluru vs. Deputy Commissioner of Income Tax, Circle- 3(1)(2), Bangalore

In the result, Ground no. 1 raised for A

ITA 495/BANG/2020[2016-17]Status: DisposedITAT Bangalore25 May 2022AY 2016-17

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri Yogesh A Thar, CA

Section 14ASection 201Section 234B

return of income filed by the Assessee, no interest u/s. 234B was calculated in absence of any shortfall in payment of advance tax. The return was processed and intimation u/s. 143(1) of the Act was passed accepting the returned income. Thereafter, consequent to the search operation, order ... August 30,2010. In the return of income, the Appellant has not calculated any interest u/s.234B since there was no shortfall in payment of advance tax. The revised return of income filed on August 30, 2010 was processed and Intimation u/s. 143(1) dated March 7, 2011 was passed accepting

Gmr Highways Limited, Bengaluru vs. Deputy Commissioner of Income Tax, Circle 3(1)(2), Bangalore

In the result, Ground no. 1 raised for A

ITA 1643/BANG/2019[2015-16]Status: DisposedITAT Bangalore25 May 2022AY 2015-16

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri Yogesh A Thar, CA

Section 14ASection 201Section 234B

Assistant Commissioner of Income Tax, Central Circle-2(2), Bengaluru vs. M/S. Gmr Infrastructure Limited, Bengaluru

In the result, Ground no. 1 raised for A

ITA 1744/BANG/2017[2013-14]Status: DisposedITAT Bangalore25 May 2022AY 2013-14

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri Yogesh A Thar, CA

Section 14ASection 201Section 234B