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“Section 215(2)”

Section References (mined)Section 215Section 215(2)18 judgments

The decision most relied on for Section 215(2) is East India Commercial Co. Ltd. v. Collector of Customs (3 SCR 338), cited in 66 judgments on BharatTax.

Leading authorities on Section 215(2)

East India Commercial Co. Ltd. v. Collector of Customs
3 SCR 338 · 1963 · Reported
66
citing judgments

The law declared by a High Court is binding on all subordinate authorities and tribunals within its territorial jurisdiction.

Triveni Engg. Works Ltd. v. CIT
144 ITR 732 · 1983 · High Court
61
citing judgments

Interest on arrears of tax is compensatory in nature, not penal, and is therefore an allowable deduction under the Income-tax Act. This decision reversed a previous Full Bench ruling.

Chemplast Sanmar Ltd. v. DCIT
83 TTJ 427 · 2004 · ITAT
29
citing judgments

The ITAT decision in Chemplast Sanmar Ltd. v. DCIT is authority for the proposition that no interference is called for in an impugned order when no contrary decision has been placed on record.

Guttigedarara Credit Co-operative Society Ltd. v. ITO
60 Taxmann.com 215 · 2015 · High Court
27
citing judgments

Interest derived by a cooperative society from its investments, other than those in cooperative societies, is eligible for deduction under section 80P(2)(a)(i). The denial of this deduction by the CIT(A) is unsustainable.

DIT (Exemption) v. Girdharilal Shewnarain Tantia Trust
199 ITR 215 · 1993 · High Court
24
citing judgments

The 'income' contemplated by Section 11 is the real income, not merely the assessed or assessable income, and income from property held under trust must be arrived at in a normal commercial manner. This implies that statutory deductions under Section 14 are not applicable when income from property held under trust is excluded.

(i) Jayanthi Natarajan v. ACIT
401 ITR 215 · 2018 · High Court
10
citing judgments

An assessment order passed without disposing of the assessee's objections to reopening is improper, void, and a violation of natural justice.

Judgments citing Section 215(2)

Maharashtra Feeds P. Ltd., New Delhi vs. ACIT, Central Circle, Faridabad

In the result, the appeals of the assessee are allowed

ITA 1254/DEL/2021[2015-16]Status: DisposedITAT Delhi06 Feb 2024AY 2015-16

Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Us

For Appellant: Sh. K. Sampath, Adv. &For Respondent: Ms. Smita Singh, Sr. DR
Section 153ASection 154Section 208Section 234ASection 234CSection 243CSection 245CSection 245DSection 245D(1)Section 245D(4)

advance tax was paid up to the date of regular assessment, if no tax has been paid under section 140A or otherwise. However, section 215(2) provides that where advance tax paid is less than 75% of the "assessed tax", but the assessee has paid tax under section 140A

Maharashtra Feeds P. Ltd., New Delhi vs. ACIT, Central Circle, Faridabad

In the result, the appeals of the assessee are allowed

ITA 1253/DEL/2021[2014-15]Status: DisposedITAT Delhi06 Feb 2024AY 2014-15

Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Us

For Appellant: Sh. K. Sampath, Adv. &For Respondent: Ms. Smita Singh, Sr. DR
Section 153ASection 154Section 208Section 234ASection 234CSection 243CSection 245CSection 245DSection 245D(1)Section 245D(4)

advance tax was paid up to the date of regular assessment, if no tax has been paid under section 140A or otherwise. However, section 215(2) provides that where advance tax paid is less than 75% of the "assessed tax", but the assessee has paid tax under section 140A

Commissioner of Income Tax Delhi I vs. Anant Raj Industries P. Ltd

The appeals are dismissed

ITA - 456 / 2008HC Delhi06 Feb 2009

assessee under section 140A or otherwise.‖ Referring to CIT v. Atlas Cycle Industries: 180 ITR 319, which considered a similar provision appearing in section 215(2), the learned senior counsel submitted that the expression "or otherwise" in sub-section (2) of section 234B 2009:DHC:430-DB calculating the interest

Commissioner of Income Tax vs. C.J.International Hotels Ltd

The appeals are dismissed

ITA - 453 / 2008HC Delhi06 Feb 2009

assessee under section 140A or otherwise.‖ Referring to CIT v. Atlas Cycle Industries: 180 ITR 319, which considered a similar provision appearing in section 215(2), the learned senior counsel submitted that the expression "or otherwise" in sub-section (2) of section 234B 2009:DHC:431-DB calculating the interest

Commissioner of Income Tax Delhi II vs. Leroy Somer & Controls India P.Ltd

The appeals are dismissed

ITA - 407 / 2008HC Delhi06 Feb 2009

assessee under section 140A or otherwise.‖ Referring to CIT v. Atlas Cycle Industries: 180 ITR 319, which considered a similar provision appearing in section 215(2), the learned senior counsel submitted that the expression "or otherwise" in sub-section (2) of section 234B 2009:DHC:423-DB calculating the interest

CIT vs. Ocl India Ltd

The appeals are dismissed

ITA - 1063 / 2007HC Delhi06 Feb 2009

assessee under section 140A or otherwise.‖ Referring to CIT v. Atlas Cycle Industries: 180 ITR 319, which considered a similar provision appearing in section 215(2), the learned senior counsel submitted that the expression "or otherwise" in sub-section (2) of section 234B 2009:DHC:439-DB calculating the interest

C.I.T vs. Indian Sugar Exim Corporation Ltd

The appeals are dismissed

ITA - 989 / 2008HC Delhi06 Feb 2009

assessee under section 140A or otherwise.‖ Referring to CIT v. Atlas Cycle Industries: 180 ITR 319, which considered a similar provision appearing in section 215(2), the learned senior counsel submitted that the expression "or otherwise" in sub-section (2) of section 234B 2009:DHC:440-DB calculating the interest

Commissioner of Income Tax vs. Cadence Design Systems I.P.Ltd

The appeals are dismissed

ITA - 992 / 2007HC Delhi06 Feb 2009

assessee under section 140A or otherwise.‖ Referring to CIT v. Atlas Cycle Industries: 180 ITR 319, which considered a similar provision appearing in section 215(2), the learned senior counsel submitted that the expression "or otherwise" in sub-section (2) of section 234B 2009:DHC:438-DB calculating the interest

CIT vs. Negolice India Pvt Ltd

The appeals are dismissed

ITA - 986 / 2007HC Delhi06 Feb 2009

assessee under section 140A or otherwise.‖ Referring to CIT v. Atlas Cycle Industries: 180 ITR 319, which considered a similar provision appearing in section 215(2), the learned senior counsel submitted that the expression "or otherwise" in sub-section (2) of section 234B 2009:DHC:442-DB calculating the interest

The Commissioner of Income Tax vs. Nokia India Ltd

The appeals are dismissed

ITA - 914 / 2007HC Delhi06 Feb 2009

assessee under section 140A or otherwise.‖ Referring to CIT v. Atlas Cycle Industries: 180 ITR 319, which considered a similar provision appearing in section 215(2), the learned senior counsel submitted that the expression "or otherwise" in sub-section (2) of section 234B 2009:DHC:434-DB calculating the interest

The Commissionr of Income Tax vs. Nis Sparta Ltd

The appeals are dismissed

ITA - 907 / 2007HC Delhi06 Feb 2009

assessee under section 140A or otherwise.‖ Referring to CIT v. Atlas Cycle Industries: 180 ITR 319, which considered a similar provision appearing in section 215(2), the learned senior counsel submitted that the expression "or otherwise" in sub-section (2) of section 234B 2009:DHC:433-DB calculating the interest

Commissioner of Income Tax Delhi I vs. Continental Packaging P.Ltd

The appeals are dismissed

ITA - 829 / 2007HC Delhi06 Feb 2009

assessee under section 140A or otherwise.‖ Referring to CIT v. Atlas Cycle Industries: 180 ITR 319, which considered a similar provision appearing in section 215(2), the learned senior counsel submitted that the expression "or otherwise" in sub-section (2) of section 234B 2009:DHC:437-DB calculating the interest

Commissioner of Income Tax vs. Nehru Place Hotels Ltd

The appeals are dismissed

ITA - 546 / 2008HC Delhi06 Feb 2009

assessee under section 140A or otherwise.‖ Referring to CIT v. Atlas Cycle Industries: 180 ITR 319, which considered a similar provision appearing in section 215(2), the learned senior counsel submitted that the expression "or otherwise" in sub-section (2) of section 234B 2009:DHC:426-DB calculating the interest

Commissioner of Income Tax Delhi I vs. Anant Raj Industries P. Ltd

The appeals are dismissed

ITA - 462 / 2008HC Delhi06 Feb 2009

assessee under section 140A or otherwise.‖ Referring to CIT v. Atlas Cycle Industries: 180 ITR 319, which considered a similar provision appearing in section 215(2), the learned senior counsel submitted that the expression "or otherwise" in sub-section (2) of section 234B 2009:DHC:429-DB calculating the interest

Commissioner of Income Tax vs. Bioseed Research (India) Pvt. Limited

The appeals are dismissed

ITA - 719 / 2007HC Delhi06 Feb 2009

assessee under section 140A or otherwise.‖ Referring to CIT v. Atlas Cycle Industries: 180 ITR 319, which considered a similar provision appearing in section 215(2), the learned senior counsel submitted that the expression "or otherwise" in sub-section (2) of section 234B 2009:DHC:390-DB calculating the interest

Commissioner of Income Tax vs. Brijbasi Art Press Limited

The appeals are dismissed

ITA - 708 / 2007HC Delhi06 Feb 2009

assessee under section 140A or otherwise.‖ Referring to CIT v. Atlas Cycle Industries: 180 ITR 319, which considered a similar provision appearing in section 215(2), the learned senior counsel submitted that the expression "or otherwise" in sub-section (2) of section 234B 2009:DHC:392-DB calculating the interest

Commissioner of Income Tax Delhi-1 vs. Allied Strips Ltd

The appeals are dismissed

ITA - 791 / 2007HC Delhi06 Feb 2009

assessee under section 140A or otherwise.‖ Referring to CIT v. Atlas Cycle Industries: 180 ITR 319, which considered a similar provision appearing in section 215(2), the learned senior counsel submitted that the expression "or otherwise" in sub-section (2) of section 234B 2009:DHC:388-DB calculating the interest

Commissioner of Income Tax Del vs. M/S Jindal Exports Ltd

The appeals are dismissed

ITA - 402 / 2005HC Delhi06 Feb 2009

assessee under section 140A or otherwise.‖ Referring to CIT v. Atlas Cycle Industries: 180 ITR 319, which considered a similar provision appearing in section 215(2), the learned senior counsel submitted that the expression "or otherwise" in sub-section (2) of section 234B 2009:DHC:387-DB calculating the interest