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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 3939 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 2791 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 1072 Views 1 comment Print


Latest Judiciary


Assessment proceedings based on invalid notice is liable to be quashed: ITAT Kolkata

Income Tax : ITAT Kolkata held that notice issued under section 143(2) of the Income Tax Act by AO not having valid jurisdiction is not sustain...

December 10, 2024 36 Views 0 comment Print

Belated appeal before CIT(A) dismissed without an opportunity of being heard not justified

Income Tax : ITAT Bangalore held that dismissal of appeal by CIT(A) merely because the same was filed belatedly not justified as CIT(A) failed ...

November 30, 2024 555 Views 0 comment Print

Capital subsidy to be reduced while computing book profit u/s. 115JB: ITAT Nagpur

Income Tax : Held that the capital subsidy should be reduced for computation of book profit. Particularly in view of the excruciating fact that...

November 22, 2024 681 Views 0 comment Print

Appellate authority has power to consider interim application under POSH Act, 2013: Karnataka HC

Corporate Law : Karnataka High Court held that the appellate authority under POSH Act, 2013, despite the absence of specific provision for grantin...

November 21, 2024 276 Views 0 comment Print

Once indexed renovation expense of co-owner accepted benefit should be granted even without proof

Income Tax : Gujarat High Court held that once indexed renovation expense of co-owner accepted, the assessee is not required to produce any doc...

October 18, 2024 498 Views 0 comment Print


Latest Posts in section 254

Assessment proceedings based on invalid notice is liable to be quashed: ITAT Kolkata

December 10, 2024 36 Views 0 comment Print

ITAT Kolkata held that notice issued under section 143(2) of the Income Tax Act by AO not having valid jurisdiction is not sustainable in law. Accordingly, assessment proceeding based on an invalid notice is liable to be quashed.

Belated appeal before CIT(A) dismissed without an opportunity of being heard not justified

November 30, 2024 555 Views 0 comment Print

ITAT Bangalore held that dismissal of appeal by CIT(A) merely because the same was filed belatedly not justified as CIT(A) failed to grant an opportunity of being heard to the assessee so as to the grounds for condonation.

Capital subsidy to be reduced while computing book profit u/s. 115JB: ITAT Nagpur

November 22, 2024 681 Views 0 comment Print

Held that the capital subsidy should be reduced for computation of book profit. Particularly in view of the excruciating fact that reduction of subsidy from written down value was accepted by the Assessing Officer and he did not tinker with the amount of depreciation claimed.

Appellate authority has power to consider interim application under POSH Act, 2013: Karnataka HC

November 21, 2024 276 Views 0 comment Print

Karnataka High Court held that the appellate authority under POSH Act, 2013, despite the absence of specific provision for granting of interim order, would have the power to consider the interim application.

Once indexed renovation expense of co-owner accepted benefit should be granted even without proof

October 18, 2024 498 Views 0 comment Print

Gujarat High Court held that once indexed renovation expense of co-owner accepted, the assessee is not required to produce any documents to prove his share of indexed renovation expense. Accordingly, allowance should be granted even without proof.

Benefit cannot be denied on the ground of non-functionality of TRACES Portal: Madhya Pradesh HC

October 16, 2024 453 Views 0 comment Print

Madhya Pradesh High Court held that the non-functionality of the TRACES Portal shall not be grounds for denying the benefit arising out of the statutory provision under the Income Tax Act.

Prior to passing of final assessment order it is mandatory to pass draft assessment order: Delhi HC

September 10, 2024 1107 Views 0 comment Print

Delhi High Court held that passing of a draft assessment order as mandated under section 144C of the Income Tax Act is mandatory prior to passing of final assessment order. Accordingly, order liable to be set aside.

Passing of fresh assessment order beyond time prescribed u/s. 153(3) cannot be sustained: Delhi HC

September 2, 2024 339 Views 0 comment Print

Delhi High Court held that passing of fresh assessment order beyond time limit prescribed under section 153(3) of the Income Tax Act cannot be sustained and hence set aside.

AO restricting TDS claim unjustified as it is not as directed by Tribunal: Delhi HC

August 28, 2024 348 Views 0 comment Print

Delhi High Court held that as directed by Tribunal AO was required to verify and attend grievance of short credit of TDS. Thus, restricting TDS claim of petitioner to disclosures made in return unjustified.

Request to restore matter not granted as matter not represented by assessee since long time: ITAT Raipur

August 28, 2024 222 Views 0 comment Print

ITAT Raipur held that law will help only those who are vigilant and will not assist the one who are careless. Accordingly, request of assessee to restore matter back not granted as assessee has chosen not to represent its matter for more than 08 years.

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