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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


AO Must Make Necessary Deductions Allowed by Tribunal’s Order: Delhi HC

July 31, 2024 795 Views 0 comment Print

Delhi High Court held that once the Tribunal had accorded relief and allowed a deduction, the same was liable to be necessarily made by the AO. Accordingly, order denying relief pursuant to Tribunal decision is liable to be quashed.

Section 254(2) Applies Only for Rectification, Not for Order Recall: ITAT Ahmedabad

July 18, 2024 1230 Views 0 comment Print

Read the detailed analysis of ITO Vs Neetaben Snehalkumar Patel (ITAT Ahmedabad) where Section 254(2) was scrutinized for rectification versus recall of orders.

Notice Sent On Incorrect Email Constitutes Improper Service: ITAT Ahmedabad

July 8, 2024 1497 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 825 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 3153 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 1341 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 3810 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 3246 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 2685 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 903 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.

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