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section 254

Latest Articles


Third Proviso to Section 254(2A) of Income Tax Act is Arbitrary & Unconstitutional

Income Tax : The three-judge bench of Supreme Court of India in the case of Deputy Commissioner of Income Tax v. M/S Pepsi Foods Ltd struck dow...

June 7, 2021 3801 Views 0 comment Print

Prosecution – made more simpler for revenue

Income Tax : A perusal of this order reveals that the Tribunal has recorded a finding that it is empowered by Section 254 of the Act to stay pr...

October 31, 2015 2770 Views 0 comment Print


Latest News


Provide Shorter Time For Rectification Of Mistake by Tribunal

Income Tax : The existing provisions of Section 254(2) provide for a time-limit of four years from the date of the order of the Appellate Tribu...

January 19, 2016 1054 Views 1 comment Print


Latest Judiciary


Notice Sent On Incorrect Email Constitutes Improper Service: ITAT Ahmedabad

Income Tax : ITAT Ahmedabad rules improper service of notice due to incorrect email address in the case of LMP Motors Pvt. Ltd Vs ACIT, highlig...

July 8, 2024 420 Views 0 comment Print

Income Tax Appeal dismissal without considering merits: Kerala HC Restores Matter To ITAT

Income Tax : Kerala High Court restores Cool Mind Technologies' income tax appeal, emphasizing ITAT's obligation to consider appeals on merits ...

June 23, 2024 333 Views 0 comment Print

After TPO’s Order, AO Obligated to Follow Section 92CA(4) for Assessment

Income Tax : The Delhi High Court ruled that once a TPO issues an order, the AO must pass an assessment order per Section 92CA(4) of the Income...

May 30, 2024 543 Views 0 comment Print

No Section 56(2)(viib) Addition Required for Discrepancy of less than 10%

Income Tax : Discover the ITAT Delhi's ruling on Sakshi Fincap Pvt. Ltd. vs. ITO, addressing valuation discrepancies and retrospective amendmen...

May 24, 2024 738 Views 0 comment Print

Section 153(2A): One-Year Limit for Consequential Orders after Remand

Income Tax : Kerala High Court ruling emphasizes time limits in Income Tax Act assessments on remand. Detailed analysis of Joseph Michael vs. D...

May 8, 2024 468 Views 0 comment Print


Latest Posts in section 254

Notice Sent On Incorrect Email Constitutes Improper Service: ITAT Ahmedabad

July 8, 2024 420 Views 0 comment Print

ITAT Ahmedabad rules improper service of notice due to incorrect email address in the case of LMP Motors Pvt. Ltd Vs ACIT, highlighting procedural lapses and fairness.

Income Tax Appeal dismissal without considering merits: Kerala HC Restores Matter To ITAT

June 23, 2024 333 Views 0 comment Print

Kerala High Court restores Cool Mind Technologies’ income tax appeal, emphasizing ITAT’s obligation to consider appeals on merits despite non-prosecution.

After TPO’s Order, AO Obligated to Follow Section 92CA(4) for Assessment

May 30, 2024 543 Views 0 comment Print

The Delhi High Court ruled that once a TPO issues an order, the AO must pass an assessment order per Section 92CA(4) of the Income Tax Act.

No Section 56(2)(viib) Addition Required for Discrepancy of less than 10%

May 24, 2024 738 Views 0 comment Print

Discover the ITAT Delhi’s ruling on Sakshi Fincap Pvt. Ltd. vs. ITO, addressing valuation discrepancies and retrospective amendments under Section 56(2)(viib) of the Income Tax Act.

Section 153(2A): One-Year Limit for Consequential Orders after Remand

May 8, 2024 468 Views 0 comment Print

Kerala High Court ruling emphasizes time limits in Income Tax Act assessments on remand. Detailed analysis of Joseph Michael vs. DCIT case and its implications.

Department to Comply with ITAT’s Order once Aware, within Stipulated Time

April 19, 2024 1683 Views 0 comment Print

Department argued that it had not received the ITAT’s order through proper channels, thus absolving itself of responsibility. However, the court rejected this argument, emphasizing that once the Department became aware of the ITAT’s order, it was obligated to comply within the stipulated time frame.

Expenditure towards ESOP is allowable u/s 37(1) of Income Tax Act: ITAT Mumbai

April 2, 2024 1038 Views 0 comment Print

ITAT Mumbai held that the ESOP expenses claimed by the assessee is an allowable expenditure under section 37(1) of the Income Tax Act.

ITAT Must Correct Manifest Error in its order: Delhi HC

March 19, 2024 303 Views 0 comment Print

Delhi High Court rules ITAT should recall its order under Section 254 to correct a manifest error apparent on record in PCIT vs Fiserv India Pvt Ltd case. Details here.

Presumption of Interest-Free Usage When Interest-Free & Interest-Bearing Funds Are Mixed

March 19, 2024 360 Views 0 comment Print

Analysis of Bombay High Court’s ruling in CCIT(OSD)/PCIT Vs Bhupendra Champaklal Dalal regarding presumption of interest-free usage of funds when interest-free and interest-bearing funds are mixed

AOs failed to complete Assessment within time limit: Deposited Amounts cannot be retained

March 19, 2024 372 Views 0 comment Print

Delhi High Court rules that Income Tax Officer cannot withhold taxpayer’s deposited amount without framing final assessment order during stay period. Full judgment analysis.

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