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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


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

March 19, 2024 678 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 855 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.

ITAT Dismisses MA for Unraised Arguments, Highlights Limited Section 254(2) Scope

March 19, 2024 1269 Views 0 comment Print

In the case of Aurobindo Pharma Limited Vs ACIT before the ITAT Hyderabad, a Miscellaneous Application (MA) was dismissed as it raised arguments not presented during the main appeal and emphasized the restricted scope of Section 254(2).

Appellate Authority can Entertain Additional Claims during Assessment Proceedings

March 18, 2024 1623 Views 0 comment Print

There is no bar on appellate authority to entertain additional claim during assessment proceedings in absence of any statutory provisions.

Goodwill Depreciation Allowed under Income Tax Act: ITAT Ruling  

February 15, 2024 5421 Views 0 comment Print

ITAT Hyderabad rules in favor of S&P Capital IQ, allowing depreciation on goodwill as deductible under Section 32(1) of the Income Tax Act, 1961.

Addition for Unexplained Cash Investment Without Proper application of mind Unjustified

February 12, 2024 1395 Views 0 comment Print

In the case of Shiv Kumar Nayyar vs. DCIT, the Delhi ITAT nullified an addition of cash investment, citing lack of proper application of mind in proceedings.

ITAT upholds denial of LTCG exemption on shares of Kappac Pharma Limited

February 11, 2024 1269 Views 0 comment Print

Income Tax Appellate Tribunal upholds denial of LTCG exemption on shares of Kappac Pharma Limited. Read the full analysis of this remarkable decision & its implications on taxpayers.

LTCG on Bogus Scrips Not Eligible For Section 10(38) Exemption: Ahmedabad ITAT

February 9, 2024 858 Views 0 comment Print

Ahmedabad ITAT dismisses appeal, denying LTCG exemption under Section 10(38) for bogus scrips. Read the full text of the order.

Assessment order without DIN is void ab initio

January 4, 2024 4611 Views 0 comment Print

ITAT Delhi held that simultaneous issue of the DIN number is insignificant and superfluous exercise, in the absence of mentioning the DIN number on the body of AO’s order. Thus, Assessment order without DIN is void ab initio.

Initiation of prosecution proceedings u/s 276CC in absence of any demand is unsustainable-in-law

November 20, 2023 2958 Views 0 comment Print

Jharkhand High Court held that initiation of prosecution proceedings under section 276CC of the Income Tax Act in absence of any demand, as demand adjusted against refund, is bad-in-law and liable to be set aside.

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