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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 4509 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 3097 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 1342 Views 1 comment Print


Latest Judiciary


Returned Income Must Be Accepted When Fresh Assessment After ITAT Remand Is Time-Barred: Bombay HC

Income Tax : Bombay High Court held that failure to pass a fresh assessment within Section 153 limitation required acceptance of the returned i...

July 4, 2026 156 Views 0 comment Print

ITAT Quashes Assessment as Final Order Was Passed Beyond Section 144C(13) Time Limit

Income Tax : ITAT held the assessment time-barred as the AO failed to pass the final order within the mandatory timeline under Section 144C(13)...

June 30, 2026 138 Views 0 comment Print

No disallowance of quantified liabilities, documented payments & reconciled books on a purely ad hoc basis

Income Tax : Provisions that were typically restricted or viewed as contingent become fully deductible business expenses the moment they were q...

June 30, 2026 120 Views 0 comment Print

ITAT Quashes Assessment as ACIT Lacked Pecuniary Jurisdiction Under CBDT Instruction

Income Tax : The ITAT held that the assessment was invalid because it was completed by an Assistant Commissioner who lacked pecuniary jurisdict...

June 25, 2026 264 Views 0 comment Print

ESOP Discount Allowed as Karnataka HC Precedent Covered Issue: ITAT Mumbai

Income Tax : ITAT Mumbai allowed deduction of ESOP expenses under Section 37(1) by following Karnataka High Court's ruling in Biocon Ltd. Tribu...

June 25, 2026 150 Views 0 comment Print


Benefit of working capital adjustment not considered while computing ALP: Matter restored

August 28, 2025 570 Views 0 comment Print

ITAT Delhi held that the benefit of working capital adjustment while computing the ALP has also not been borne in mind hence matter restored to the file of TPO/ AO for fresh determination in accordance with law.

Interest admissible in case of refund under Direct Tax Vivad Se Vishwas Act

August 20, 2025 783 Views 0 comment Print

Kerala High Court held that interest is admissible to the taxpayer in case of refund under Direct Tax Vivad Se Vishwas Act, 2020. Accordingly, writ appeal of the revenue fails and the same is dismissed.

Proceedings u/s. 144C has to be concluded within limitation prescribed u/s. 153(3)

August 18, 2025 537 Views 0 comment Print

In the present cases, the respondents in the first batch of cases being non-resident assessees engaged in the business of exploration in terms of Section 44BB of the Income Tax Act, 1961, are eligible assessees within the meaning of Section 144C.

Stay of order cannot be granted based on probability of revenue succeeding

August 18, 2025 426 Views 0 comment Print

CESTAT Chennai held that merely stating the probability of revenue succeeding in their appeal, is a bald statement which cannot be stated to be a reasonable plea for granting stay of order. Hence, stay not granted since sufficient cause not shown.

Service of order to CA without express authorization cannot absolve service to assessee

August 18, 2025 453 Views 0 comment Print

Bombay High Court held that in absence of express authorization, thus service upon the Chartered Accountant [CA] do not absolve the Tribunal of serving the copies of the order upon the assessee. Thus, appeal allowed and delay condoned.

Addition of Rs. 30 Crores u/s. 68 remitted as additional evidences filed u/r 29 of ITAT Rules

August 5, 2025 282 Views 0 comment Print

ITAT Delhi remanded the matter back to the file of the Assessing Officer in the matter of addition of Rs. 30 Crores u/s. 68 since additional evidence filed under rule 29 of the ITAT Rules, 963 substantiating genuineness of business advances.

Exemption u/s 54F was allowable even though balance payment of consideration for purchase of residential house was made by third-Party

July 29, 2025 429 Views 0 comment Print

Assessee claimed deduction under section 54F on the basis that the long-term capital gain earned from the transfer of tenancy/possessory rights was invested for the purchase of a residential flat.

Lower tax of 10% on sale of unlisted share allowed even in absence of filing claim via revised return

July 26, 2025 636 Views 0 comment Print

Gujarat High Court held that in view of the retrospective amendment u/s. 112(1)(c)(iii) of the Income Tax Act the assessee is eligible to pay tax at lower rate @10% instead of 20% on sale of unlisted share even in absence of filing the claim by way of revised return.

SOP prescribed under Faceless Assessment Procedure not followed: Matter remanded

July 23, 2025 1257 Views 0 comment Print

Gujarat High Court held that Standard Operating Procedure [SOP] to be followed under the Faceless Assessment Procedure of Section 144B of the Income Tax Act in case of non-responsive notice not followed. Accordingly, order quashed and matter remanded back to Faceless assessment authority.

ITAT Kolkata Upholds 30% Depreciation on Moulds Used by Vendors

July 21, 2025 438 Views 0 comment Print

ITAT Kolkata rules in favor of Philips India, affirming 30% depreciation on moulds owned by the company but used by exclusive vendors for manufacturing.

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