Section 245D(4) of the Income Tax Act

The decision most relied on for Section 245D(4) is T.S. Balaram ITO v. Volkart Bros. (82 ITR 50), cited in 382 of the 189 judgments on BharatTax that turn on this section.

Leading authorities on Section 245D(4)

T.S. Balaram ITO v. Volkart Bros.
82 ITR 50 · 1971 · Supreme Court
382
citing judgments

A mistake apparent from the record under Section 154 must be an obvious and patent error, not one that requires a long and elaborate process of reasoning or where two opinions are conceivable. Rectification under Section 154 is not permissible for re-examining issues already considered or requiring detailed re-computation.

H.R. Mehta v. ACIT
387 ITR 561 · 2016 · High Court
175
citing judgments

An assessment order is unsustainable if the Assessing Officer denies the assessee the opportunity to cross-examine deponents whose statements are relied upon or fails to provide the material used against them, as this violates principles of natural justice.

CIT vs. Halliburton Offshore Services Inc. (2004) and CIT v. Reading and Bates Exploration Co.
278 ITR 47 · Reported
13
citing judgments

Interest under section 234 cannot be levied if the employer fails to deduct tax at source, as the employee should not be faulted for the employer's default.

Rupam Mercantile v. DCIT
91 ITD 237 · 2004 · ITAT
13
citing judgments

Penalty under section 271(1)(c) cannot be levied when a substantial question of law is admitted by the High Court on an addition, indicating the issue was debatable and the assessee acted bona fide.

CIT v. Apar Industries Ltd.
323 ITR 411 · 2010 · High Court
11
citing judgments

Forms provided by a rule-making authority, being delegates of the legislature, cannot override a statutory provision and are subservient to legislation. Forms facilitate implementation and cannot supplant the law. Also, interest under section 234B, being compensatory, cannot be charged if taxes have already been paid.

Kumar Sahu vs Utkal University (1969 AIR Orissa HC) (iii) Dhakeshwari Cotton Mills Ltd. v. CIT
327 ITR 424 · 2010 · High Court
11
citing judgments

The case is cited for the principle that the Assessing Officer (AO) should consider the assessee's plea regarding genuine transactions made through cheque, particularly when relying on judicial pronouncements concerning the failure of the assessee to establish genuineness.

66 (Cal) 11. Bagmane Constructions (P) Ltd. v. Commissioner of Income Tax, Bangalore
57 Taxmann.com 120 · 2015 · High Court
11
citing judgments

Loans or advances given by a company to shareholders are not deemed dividends under section 2(22)(e) if they are given in return for an advantage conferred on the company, such as being for business purposes like the purchase of an asset. This also applies if the payment is not out of accumulated profits or is a trade advance made as consideration for goods received or asset purchase.

Komalkant Faikirchand Sharma v. DCIT
108 Taxmann.com 50 · High Court
10
citing judgments

Once an application for settlement is made under Section 245C(1) and accepted by the Income Tax Settlement Commission (ITSC), and a final order is passed under Section 245D(4), the Assessing Officer loses jurisdiction to reopen the assessment. An order under Section 245D(4) is distinct from a regular assessment under Sections 143(1), 143(3), or 144.

1. ITO v. Purshottam Das Bangur
90 Taxmann.com 541 · Supreme Court
8
citing judgments
Omaxe Ltd. v. DCIT
364 ITR 223 · 2014 · High Court
8
citing judgments

Judgments on Section 245D(4)