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section 254

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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 4473 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 3055 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 1306 Views 1 comment Print


Latest Judiciary


No Double Taxation Allowed Even if Expense Claim Found Non-Genuine: ITAT Mumbai

Income Tax : ITAT Mumbai held that although foreign commission expenditure was non-genuine and liable for disallowance, amounts already written...

May 15, 2026 240 Views 0 comment Print

Bombay HC Quashes Reassessment as Limitation Expired Before Assessment Order Was Passed

Income Tax : The Bombay High Court held that reassessment proceedings became time-barred because no reassessment order was passed within the li...

May 12, 2026 231 Views 0 comment Print

Notional Interest Addition Deleted Because Only Real Income Can Be Taxed: ITAT Delhi

Income Tax : ITAT Delhi confirmed deletion of addition on alleged diversion of interest-bearing funds, holding that hypothetical or notional in...

May 10, 2026 315 Views 0 comment Print

Miscellaneous Application Rejected as Tribunal Lacks Power to Review Its Own Order

Income Tax : The Tribunal held that challenges to appreciation of evidence amount to review, not rectification. It ruled that Section 254(2) pe...

May 5, 2026 216 Views 0 comment Print

ITAT Deletes PF/ESI Disallowance as Section 143(1) Adjustment Held Beyond Scope

Income Tax : The Tribunal examined disallowance made for delayed employee contributions under Section 143(1). It held that debatable issues can...

April 30, 2026 594 Views 0 comment Print


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

October 16, 2024 711 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 2943 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 1038 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 702 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 537 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.

Deletion of Unexplained Cash Without Proper Verification Unjustified; Matter Restored: ITAT Raipur

August 27, 2024 576 Views 0 comment Print

ITAT Raipur held that CIT(A) deleted the addition towards unexplained cash under section 68 of the Income Tax Act without proper verification of the facts and evidences and thus the matter restored back to the file of AO for adequate verifications.

Section 57 Deduction Allowable for Interest Expense Incurred to Earn Income from Other Sources: ITAT Raipur

August 26, 2024 2028 Views 0 comment Print

ITAT Raipur held that interest expenditure incurred for earning income chargeable under the head “Income from other sources” is allowable as deduction under section 57 of the Income Tax Act.

Initiation of Section 153C Proceedings Beyond Six Years Impermissible: ITAT Ahmedabad

August 26, 2024 909 Views 0 comment Print

ITAT Ahmedabad held that AO had no jurisdiction to initiate proceedings u/s. 153C of the Income Tax Act beyond permissible period of six years from date of receipt of books/ documents by AO.

Notice initiating fresh assessment set aside as issued beyond prescribed time limit: Delhi HC

August 23, 2024 1827 Views 0 comment Print

Delhi High Court held that department need to comply with the order of the Tribunal in passing a fresh assessment order within the time limit prescribed under section 153(3) of the Income Tax Act. Thus, notices initiating fresh assessment set aside.

Direction given by Tribunal to AO to re-examine issue cannot be disregarded: Delhi HC

August 7, 2024 768 Views 0 comment Print

Delhi High Court held that once the Tribunal had called upon the AO to examine the issue afresh, the said direction could not have been disregarded by reference to a Circular No. 549 dated 31 October 1989 issued by the CBDT.

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