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“Section 172(4)”

Section References (mined)Section 172Section 172(4)5 judgments

The decision most relied on for Section 172(4) is Trust (249 ITR 533) (Bom.) 3. CIT vs. Red Rose School (163 Taxman 19 (All.) 4. DIT(E) v. Alarippu ( (172 ITR 698), cited in 61 judgments on BharatTax.

Leading authorities on Section 172(4)

Trust (249 ITR 533) (Bom.) 3. CIT vs. Red Rose School (163 Taxman 19 (All.) 4. DIT(E) v. Alarippu (
172 ITR 698 · 1988 · High Court
61
citing judgments

Income received by a trust from sources like extra fees can be taxed at the maximum marginal rate, while other income remains eligible for exemption under Section 11 of the Income Tax Act.

AS Glittre v. CIT
91 Taxmann 286 · 1997 · Reported
14
citing judgments

Payment of tax under section 172(3)/(4) of the Income-tax Act is treated as advance tax, entitling non-residents to refunds and interest on such refunds in case of regular assessment under section 172(7).

Judgments citing Section 172(4)

Shri Bharatbhushan Kishanlal Gupta, Gandhidham vs. The ITO- International Taxation, Gandhidham

In the result, the appeal is allowed in the terms indicated above

ITA 269/RJT/2019[2017-18]Status: DisposedITAT Rajkot08 May 2025AY 2017-18

Bench: Dr. Arjun Lalsaini. & Dinesh Mohan Sinhaआयकर अपील सं./Ita No. 269/Rjt/2019 (Assessment Year: 2017-18) (Hybrid Hearing) Bharatbhushan Kishanlal Vs. The Income Tax Officer, Gupta, (International Taxation) Prop. Of Aqua Shipping, Suit - Gandhidham – 370210 100, Grain Merchant Association Bldg., 2Nd Floor, Plot No. 297, Wd – 12B, Gandhidham – 370001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Afcpg3849N (अपीलाथ"/Assessee) (""यथ"/Respondent)

For Appellant: Shri D.M. Rindani, Ld. ARFor Respondent: Shri Abhimanyu Singh Yadav, Ld.Sr. DR
Section 144CSection 172Section 172(4)Section 172(5)Section 234ASection 271(1)(c)

Kishanlal Gupta vs. ITO-International Taxation 2. The grounds of appeal raised by the assessee are as follows: “1. The Assessment Order under section 172(4) of the Act, is bad in law as well as facts. 2. On the facts and in the peculiar circumstances of the case ... legal issue. 15. We note that assessee has raised the additional ground on the legal issue challenging the validity of assessment proceedings under section 172(4) of the Act. We note that the facts relating to proceedings under section 172(4) of the Act were there before the assessing officer

Dy CIT 11 (3)(1), Mumbai vs. Total Oil India Pvt Ltd., Mumbai

In the result, the appeal of the revenue is dismissed and the Cross

ITA 6997/MUM/2019[2016-17]Status: DisposedITAT Mumbai29 Dec 2023AY 2016-17

Bench: Shri Vikas Awasthy&F Shri Amarjit Singhdy. Commissioner Of Vs. Total Oil India Pvt. Ltd. Income Tax-11(3)(1) 3Rd Floor, The Leela Room No. 204, Aayakar Galleria, Bhavan, M.K.Road, Andheri (E) Marine Lines Mumbai 400 059 Mumbai – 400 020 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaace2175M Appellant .. Respondent

For Appellant: Niraj ShethFor Respondent: Ajay Kumar Sharma
Section 143(2)Section 143(3)Section 195Section 40

assessee to opt for a regular assessment although a "rough and ready" or a "summary assessment" has already been made under Section 172(4) of the Act. It is a valuable right. If the assessee exercises the right conferred on him under section 172(7) of the Act, the Income ... found payable by him on such assessment, shall be paid to the assessee or refunded to him. The "ad hoc" assessment made under Section 172(4) of the Act is superseded and a "regular assessment" is made as per the provisions of the Act. In such a case

M/S. Magnum Shipping Services, Mundra (Kutch) vs. The ITO-Intl. Taxn., Gandhidham

In the result, appeal of the assessee is allowed

ITA 355/RJT/2018[2017-18]Status: DisposedITAT Rajkot02 Aug 2023AY 2017-18

Bench: Ms. Suchitra Kamble & Shri Waseem Ahmed

For Appellant: Shri B.D. Gupta, Sr. D.RFor Respondent: Date of Hearing
Section 172(4)Section 271(1)(c)

liable to be assessed and taxed u/s.172(4) of the Act and thereby have also erred in determining the tax under the said section 172(4) of the Act to which i.e. the determining the tax and passing the order u/s. 172(4) of the Act, assessee appellant ... Thus, the Assessing Officer determined total tax payable at Rs. 4,50,468.07 vide assessment order dated 29.09.2017 passed under Section 172(4) of the Income Tax Act, 1961. 4. Being aggrieved by the Assessment Order, the assessee filed appeal before the CIT(A). The CIT(A) dismissed the appeal

M/S. Saba Shipping International Llc- Dubai, Gandhidham vs. The Income Tax Officer, International Taxation, Gandhidham

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

ITA 124/RJT/2012[2009-10]Status: DisposedITAT Rajkot06 Mar 2023AY 2009-10

Bench: Ms. Suchitra Kamble & Shri Waseem Ahmedassessment Year: 2009-10

For Appellant: Shri Vimal Desai, ARFor Respondent: Shri B.D. Gupta, Sr. DR
Section 143(3)Section 144CSection 172Section 172(3)Section 172(4)

management which is situated out of UAE. Thus, the Assessing Officer made addition of Rs.4,88,471/- and passed Assessment Order under Section 172(4) of the Act. Thus, the assessment order dated 21.12.2009, the Assessing Officer denied the exemption claimed by the assessee on the basis of DTAA between ... under Section 144C of the Act being foreign Company. The Ld. AR submitted that the assessee is non- resident foreign company and, therefore, Section 172(4) of the Act will not be applicable in the present case. The Ld. AR further submitted that the Assessing Officer who have proceeded

M/S. Qawareb Ship Management - Llc Dubai, Gandhidham vs. The Income Tax Officer, International Taxation, Gandhidham

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

ITA 123/RJT/2012[2009-10]Status: DisposedITAT Rajkot06 Mar 2023AY 2009-10

Bench: Ms. Suchitra Kamble & Shri Waseem Ahmedassessment Year: 2009-10

For Appellant: Shri Vimal Desai, ARFor Respondent: Shri B.D. Gupta, Sr. DR
Section 143(3)Section 144CSection 172Section 172(3)Section 172(4)

management which is situated out of UAE. Thus, the Assessing Officer made addition of Rs.4,88,471/- and passed Assessment Order under Section 172(4) of the Act. Thus, the assessment order dated 21.12.2009, the Assessing Officer denied the exemption claimed by the assessee on the basis of DTAA between ... under Section 144C of the Act being foreign Company. The Ld. AR submitted that the assessee is non- resident foreign company and, therefore, Section 172(4) of the Act will not be applicable in the present case. The Ld. AR further submitted that the Assessing Officer who have proceeded