“advance tax”

DCIT, Circle-12(1), New Delhi vs. Infonox Software P.Ltd, New Delhi

In the result, all appeals of the Revenue in ITA Nos

Bench: Shri Kul Bharat & Shri Prashant Maharishi

Whether the Ld.CIT(A) has erred in deleting the penalty u/s 271F falling to appreciate that the correctness of advance tax paid by an assessee can be ascertained only after completion of assessment pursuant to a return filed by an assessee and therefore, payment of some advance tax on estimate ... return could 3 | P a g e ITA Nos.5833, 5887 to 5890/Del/2018 not be filed on time, the company had duly deposited the advance tax installments on estimate basis and on subsequent audit and finalization of accounts in August 2013, the company paid the shortfall of taxes alongwith applicable interest

Hari Machines Ltd., New Delhi vs. DCIT, New Delhi

The appeal is dismissed

Bench: Shri Kul Bharat & Shri Prashant Maharishi(Through Video Conferencing) Hari Machines Ltd, Vs. Dcit, 4, Scindia House, Connaught Circle-11(1), Place, New Delhi New Delhi Pan: Aaach0868C (Appellant) (Respondent)

assessee's business. The court held that (headnote) : "When interest is paid for committing a default in respect of the statutory liability to pay advance tax, the amount paid and the expenditure incurred in that connection is not in any way connected with preserving or promoting the business ... assessee. . . The liability in the case of payment of income-tax and interest for delayed payment of income-tax or advance tax arises on the computation of the profits and gains of business". The court further held that (headnote) : "Under the Income-tax Act, the payment of such interest

Sh. Tarun Lamba, New Delhi vs. DCIT, Faridabad

Bench: Shri N.K. Billaiya & Shri Kuldip Singh

interest thereon qua surrendered income in due time proceeded to hold that credit of Rs.30,00,000/- seized as cash cannot be treated as advance tax to be adjusted against the total tax liability. However, when we peruse paras 7, 7.1 & 7.2 of order dated 15.06.2017 (supra) passed ... account of jewellery amounting to Rs.55,00,000/-; that the assessee was entitled to adjustment of seized cash amount towards advance tax liability; that order dated 15.06.2017 (supra) passed in quantum proceedings has attained finality having not been challenged further. In these circumstances, findings returned by ld. CIT (A) that

Late H.H. Bhawani Singh (Through Smt. Padmini Devi, G/O. Legal Heir Padmanabh Singh), New Delhi vs. ACIT, Circle- 22(1), New Delhi

In the result, the appeal of the assessed allowed for statistical purposes

Bench: Ms. Suchitra Kambledr. B. R. R. Kumar(Through Video Conferencing) Ita No. 3651/Del/2019 : Asstt. Year : 2002-03 Late Sh. H.H. Bhawani Singh Vs Acit, (Through Smt. Padmini Devi, G/O Circle-22(1), Legal Heir Padmanabh Singh), B-15, New Delhi Maharani Bagh, New Delhi-110065 (Appellant) (Respondent) Pan No. Abaps5843A Assessee By : Sh. Anil Bhalla, Adv. Revenue By : Sh. R. K. Gupta, Sr. Dr Date Of Hearing: 17.06.2021 Date Of Pronouncement: 07.07.2021

action of learned Assessing Officer by not allowing the adjustment of dividend, attached by the Income Tax Department aggregating to Rs.1,35,030/- towards advance tax as no details of adjustment towards ‘old outstanding dues’ has been provided.” 3. The assessments in the case of the assessee are continuously being

Sh. Valmik Thapar, New Delhi vs. ACIT, New Delhi

Appeals are disposed of by this common order as indicated above

Bench: Hon’Ble Justice P.P. Bhatt & Shri Prashant Maharishi(Through Video Conferencing) Shri Valmik Thapar, Vs. Acit, 19, Kautilya Marg, Circle-53(1), New Delhi New Delhi (Appellant) (Respondent) Shri Valmik Thapar, Vs. Dcit, M/S. R. N. Khanna & Company, Ca, Circle-32(1), 14-15F, Shivam House, Connaught New Delhi Place, New Delhi Pan: Aacpt7098K (Appellant) (Respondent) Acit, Vs. Shri Valmik Thapar, Circle-53(1), 19, Kautilya Marg, New Delhi New Delhi Pan: Aacpt7098K (Appellant) (Respondent) Assessee By : Shri Salil Agarwal, Senior Advocate Along With Shri Shailesh Gupta, Shri Mahur Agarwal, Advocates Revenue By: Shri H. K. Choudhary, Cit Dr Date Of Hearing 11/06/2021 (Last Hearing) Date Of Pronouncement 11/06/2021. O R D E R Per Prashant Maharishi, A. M. 1. These Are Three Appeals For Two Assessment Years Pertaining To One Assessee, Mr. Valmik Thapar, A Resident, Individual [Assessee]. Assessee Filed Ita Number

tax or interest is found due on the basis of such return, after adjustment of any tax deducted at source, any advance tax paid and any amount paid otherwise by way of tax or interest, then, without prejudice to the provisions of sub-Section (2), an intimation shall be sent ... tax or interest found is due on the basis of the return filed after adjustment of any tax deducted at source ('TDS'), any advance tax paid or any amount paid otherwise by way of tax or interest. Further, the first proviso to Section 143 (1) (a) permitted the Department

ACIT, New Delhi vs. Sh. Valmik Thapar, New Delhi

Appeals are disposed of by this common order as indicated above

Bench: Hon’Ble Justice P.P. Bhatt & Shri Prashant Maharishi(Through Video Conferencing) Shri Valmik Thapar, Vs. Acit, 19, Kautilya Marg, Circle-53(1), New Delhi New Delhi (Appellant) (Respondent) Shri Valmik Thapar, Vs. Dcit, M/S. R. N. Khanna & Company, Ca, Circle-32(1), 14-15F, Shivam House, Connaught New Delhi Place, New Delhi Pan: Aacpt7098K (Appellant) (Respondent) Acit, Vs. Shri Valmik Thapar, Circle-53(1), 19, Kautilya Marg, New Delhi New Delhi Pan: Aacpt7098K (Appellant) (Respondent) Assessee By : Shri Salil Agarwal, Senior Advocate Along With Shri Shailesh Gupta, Shri Mahur Agarwal, Advocates Revenue By: Shri H. K. Choudhary, Cit Dr Date Of Hearing 11/06/2021 (Last Hearing) Date Of Pronouncement 11/06/2021. O R D E R Per Prashant Maharishi, A. M. 1. These Are Three Appeals For Two Assessment Years Pertaining To One Assessee, Mr. Valmik Thapar, A Resident, Individual [Assessee]. Assessee Filed Ita Number

tax or interest is found due on the basis of such return, after adjustment of any tax deducted at source, any advance tax paid and any amount paid otherwise by way of tax or interest, then, without prejudice to the provisions of sub-Section (2), an intimation shall be sent ... tax or interest found is due on the basis of the return filed after adjustment of any tax deducted at source ('TDS'), any advance tax paid or any amount paid otherwise by way of tax or interest. Further, the first proviso to Section 143 (1) (a) permitted the Department

Shri Valmik Thapar, New Delhi vs. DCIT, New Delhi

Appeals are disposed of by this common order as indicated above

Bench: Hon’Ble Justice P.P. Bhatt & Shri Prashant Maharishi(Through Video Conferencing) Shri Valmik Thapar, Vs. Acit, 19, Kautilya Marg, Circle-53(1), New Delhi New Delhi (Appellant) (Respondent) Shri Valmik Thapar, Vs. Dcit, M/S. R. N. Khanna & Company, Ca, Circle-32(1), 14-15F, Shivam House, Connaught New Delhi Place, New Delhi Pan: Aacpt7098K (Appellant) (Respondent) Acit, Vs. Shri Valmik Thapar, Circle-53(1), 19, Kautilya Marg, New Delhi New Delhi Pan: Aacpt7098K (Appellant) (Respondent) Assessee By : Shri Salil Agarwal, Senior Advocate Along With Shri Shailesh Gupta, Shri Mahur Agarwal, Advocates Revenue By: Shri H. K. Choudhary, Cit Dr Date Of Hearing 11/06/2021 (Last Hearing) Date Of Pronouncement 11/06/2021. O R D E R Per Prashant Maharishi, A. M. 1. These Are Three Appeals For Two Assessment Years Pertaining To One Assessee, Mr. Valmik Thapar, A Resident, Individual [Assessee]. Assessee Filed Ita Number

tax or interest is found due on the basis of such return, after adjustment of any tax deducted at source, any advance tax paid and any amount paid otherwise by way of tax or interest, then, without prejudice to the provisions of sub-Section (2), an intimation shall be sent ... tax or interest found is due on the basis of the return filed after adjustment of any tax deducted at source ('TDS'), any advance tax paid or any amount paid otherwise by way of tax or interest. Further, the first proviso to Section 143 (1) (a) permitted the Department

Sumitomo Corporation, New Delhi vs. DCIT (International Taxation), New Delhi

Appeal of the assessee is partly allowed for statistical purpose

Bench: Shri R. K. Panda & Ms Suchitra Kamble(Through Video Conferencing) Sumitomo Corporation Vs Dcit (International Taxation) G-195, Circle-3(1)(2) Sarita Vihar New Delhi New Delhi Aabcs6011P (Appellant) (Respondent)

submitted that the interest under Section 234C is leviable on default in payment of advance tax installment on returned income and not on assessed income. The Ld. AR submitted since there was no default on the part of the assessee in payment 39 of advance tax as per returned income ... relevant material available on record. It is pertinent to note that the interest under Section 234C is leviable on default in payment of advance tax installment on returned income, but in the present case it is done on assessed income. Thus, when there is no default on the part

Hitachi Ltd., New Delhi vs. ADIT, New Delhi

In the result, appeal of the assessee is partly allowed

Bench: Sh. Anil Chaturvedi & Sh. Sudhanshu Srivastava(Through Video Conferencing) Hitachi Ltd. Vs. Adit Unit 304-306, 3Rd Floor, Circle – 1(2), Abw Eelgance Tower, International Taxation, Jasola District Centre New Delhi New Delhi - 110025 Pan : Aaach 2953 A (Appellant) (Respondent) Assessee By Tarandeep Singh, Adv Revenue By Shri Prabhakant, Cit-Dr Date Of Hearing: 27/05/2021 Date Of Pronouncement: 08/06/2021 Order Per Anil Chaturvedi, Am:

deducted at source on the payments made by payee to the assessee and therefore there was no question of payment of advance tax by the assessee and therefore it would not be permissible for the revenue to charge any interest u/s 234B from the assessee. Before us, Revenue

Daawat Foods Ltd., New Delhi vs. ACIT, New Delhi

Appeal are dismissed

Bench: Shri R. K. Panda & Ms Suchitra Kamble(Through Video Conferencing)

234C has been wrongly and illegally charged as there is no delay in filling of return and there is no default of payment of Advance tax as the receipt / income is liable to TDS and it could not have anticipated such additions. In any case the interest charged has been

DCIT, New Delhi vs. M/S Daawat Foods Ltd., New Delhi

Appeal are dismissed

Bench: Shri R. K. Panda & Ms Suchitra Kamble(Through Video Conferencing)

234C has been wrongly and illegally charged as there is no delay in filling of return and there is no default of payment of Advance tax as the receipt / income is liable to TDS and it could not have anticipated such additions. In any case the interest charged has been

Sukhdev Singh, Saharanpur vs. ITO, Ward-1, Saharanpur

Bench: Shri Anil Chaturvedia N D Ms. Suchitra Kamblei.T.A. No. 7849/Del/2018 (A.Y. 2009-10) A N D I.T.A. No. 7850/Del/2018 (A.Y. 2009-10) (Through Video Conferencing) Shri Sukhdev Singh, Income Tax Officer, Village Kayampur, Vs. Tehsil Nakur, Ward : 1, Distt. Saharanpur Pan: Hgvps3714M Saharanpur. (Appellant) (Respondent)

charged as the appellant could not have foreseen the disallowances/additions made and could not have included the same in current income for payment of Advance tax. The interest charged under various sections is also wronglv worked out. 15. The appellant craves leave to add, amend, alter and or modify

Sukhdev Singh, Saharanpur vs. ITO, Ward-1, Saharanpur

Bench: Shri Anil Chaturvedia N D Ms. Suchitra Kamblei.T.A. No. 7849/Del/2018 (A.Y. 2009-10) A N D I.T.A. No. 7850/Del/2018 (A.Y. 2009-10) (Through Video Conferencing) Shri Sukhdev Singh, Income Tax Officer, Village Kayampur, Vs. Tehsil Nakur, Ward : 1, Distt. Saharanpur Pan: Hgvps3714M Saharanpur. (Appellant) (Respondent)

charged as the appellant could not have foreseen the disallowances/additions made and could not have included the same in current income for payment of Advance tax. The interest charged under various sections is also wronglv worked out. 15. The appellant craves leave to add, amend, alter and or modify

Awp Assistance (India) Pvt. Ltd., Gurgaon vs. DCIT, Circle- 1(1), Gurgaon

In the result, the appeal of the assessee is allowed

Bench: Shri G.S. Pannu & Shri Kul Bharatassessment Year : 2013-14 Awp Assistance (India) Pvt. Ltd., Dcit, 1St Floor, Dlf Square, M-Block, Vs Circle-1(1), Jacaranda Marg, Dlf City, Gurgaon. Phase-Ii, Gurgaon-122002. Pan-Aafcm1460J Appellant Respondent Appellant By Sh. Salil Kapoor, Adv. & Ms. Saumya Singh, Adv. Respondent By Sh. Ashok Gautam, Sr. Dr Date Of Hearing 31.03.2021 Date Of Pronouncement 08.04.2021

delay in furnishing the return", makes it clear that there is no difference between : (i) the tax paid under section 115WJ, which deals with advance tax in respect of fringe benefits; or (ii) the tax collected at source under section 206C; or (iii) any tax paid by way of advance ... interest shall be payable if the amount of refund is less than 10 per cent, on regular assessment with regard to the refund of advance tax paid under section 115WJ in respect of fringe benefits ; (ii) tax collected at source under section 206C ; and (iii) advance tax or any tax

DCIT (International Taxation), New Delhi vs. M/S. Raytheon Company, Gurgaon

Bench: Shri Anil Chaturvedi & Shri Kuldip Singh(Through Video Conference)

Taxation, New Delhi :- 22. Erred in levy of interest under section 234B of the Act without appreciating that the appellant doesn’t have any advance tax liability in terms of sections 207-209 of the Act.” 12. The taxpayer challenged levy of interests u/s 234B of the Act made ... ground that AO without appreciating the fact that the taxpayer does not have any advance tax liability in terms of sections 207 – 209 of the Act, levy of interest u/s 234B is not sustainable and relied upon the decision rendered by Hon’ble Delhi High Court judgement in case

Raytheon Company, Gurgaon vs. Addl. DIT (International Taxation), New Delhi

Bench: Shri Anil Chaturvedi & Shri Kuldip Singh(Through Video Conference)

Taxation, New Delhi :- 22. Erred in levy of interest under section 234B of the Act without appreciating that the appellant doesn’t have any advance tax liability in terms of sections 207-209 of the Act.” 12. The taxpayer challenged levy of interests u/s 234B of the Act made ... ground that AO without appreciating the fact that the taxpayer does not have any advance tax liability in terms of sections 207 – 209 of the Act, levy of interest u/s 234B is not sustainable and relied upon the decision rendered by Hon’ble Delhi High Court judgement in case

DCIT (International Taxation), New Delhi vs. M/S. Raytheon Company, Gurgaon

Bench: Shri Anil Chaturvedi & Shri Kuldip Singh(Through Video Conference)

Taxation, New Delhi :- 22. Erred in levy of interest under section 234B of the Act without appreciating that the appellant doesn’t have any advance tax liability in terms of sections 207-209 of the Act.” 12. The taxpayer challenged levy of interests u/s 234B of the Act made ... ground that AO without appreciating the fact that the taxpayer does not have any advance tax liability in terms of sections 207 – 209 of the Act, levy of interest u/s 234B is not sustainable and relied upon the decision rendered by Hon’ble Delhi High Court judgement in case

Raytheon Company, Gurgaon vs. Asstt. Dircector of Income Tax, New Delhi

Bench: Shri Anil Chaturvedi & Shri Kuldip Singh(Through Video Conference)

Taxation, New Delhi :- 22. Erred in levy of interest under section 234B of the Act without appreciating that the appellant doesn’t have any advance tax liability in terms of sections 207-209 of the Act.” 12. The taxpayer challenged levy of interests u/s 234B of the Act made ... ground that AO without appreciating the fact that the taxpayer does not have any advance tax liability in terms of sections 207 – 209 of the Act, levy of interest u/s 234B is not sustainable and relied upon the decision rendered by Hon’ble Delhi High Court judgement in case

DCIT (International Taxation), New Delhi vs. M/S Raytheon Company, Gurgaon

Bench: Shri Anil Chaturvedi & Shri Kuldip Singh(Through Video Conference)

Taxation, New Delhi :- 22. Erred in levy of interest under section 234B of the Act without appreciating that the appellant doesn’t have any advance tax liability in terms of sections 207-209 of the Act.” 12. The taxpayer challenged levy of interests u/s 234B of the Act made ... ground that AO without appreciating the fact that the taxpayer does not have any advance tax liability in terms of sections 207 – 209 of the Act, levy of interest u/s 234B is not sustainable and relied upon the decision rendered by Hon’ble Delhi High Court judgement in case

Raytheon Company, Gurgaon vs. ADIT (International Taxation), New Delhi

Bench: Shri Anil Chaturvedi & Shri Kuldip Singh(Through Video Conference)

Taxation, New Delhi :- 22. Erred in levy of interest under section 234B of the Act without appreciating that the appellant doesn’t have any advance tax liability in terms of sections 207-209 of the Act.” 12. The taxpayer challenged levy of interests u/s 234B of the Act made ... ground that AO without appreciating the fact that the taxpayer does not have any advance tax liability in terms of sections 207 – 209 of the Act, levy of interest u/s 234B is not sustainable and relied upon the decision rendered by Hon’ble Delhi High Court judgement in case