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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


Orders passed beyond period of limitation prescribed u/s 153 (2A) was quashed

November 17, 2023 19041 Views 0 comment Print

The proceedings drawn, admittedly being beyond a period that was prescribed under sub-section (2A) of Section 153 and the consequential orders passed were all beyond the period of limitation prescribed under sub-section (2A) of Section 153 hence, the same being not sustainable, deserved to be and was accordingly set aside/quashed.

ITAT Confirms Section 68 Addition due to Unproven Creditor Creditworthiness

November 6, 2023 501 Views 0 comment Print

ITAT Delhi confirms addition u/s 68 of Income Tax Act due to the failure to prove creditor creditworthiness & transaction genuineness in Prestigious Enterprises Pvt. Ltd vs. ACIT.

Section 40(a)(ia) Inapplicable to TDS Non-Deduction on Pre-AY 2015-16 Salary

November 4, 2023 1266 Views 0 comment Print

ITAT Delhi’s decision in the case of Sumaitri Bima Distributors Pvt. Ltd vs. ITO regarding non-applicability of S.40(a)(ia) for TDS on salary before AY 2015-16.

Delhi HC: Exclusion of OTL Comparable – ITAT to Decide

November 2, 2023 711 Views 0 comment Print

The Delhi High Court directs the ITAT to reconsider the exclusion of Onward Technologies Limited (OTL) as a comparable in the transfer pricing study. Detailed analysis and conclusion.

Disallowance u/s 14A cannot be more than exempt income

October 31, 2023 846 Views 0 comment Print

ITAT Delhi held that it is settled principle of law that the disallowance under section 14A of the Income Tax Act cannot exceed the exempt income.

Penalty u/s 271(1)(c) not leviable in absence of concealment of particulars of income

October 30, 2023 2580 Views 0 comment Print

ITAT Delhi held that penalty under section 271(1)(c) of the Income Tax Act not leviable since there is no concealment of particulars of income by the assessee.

Non-passing of draft assessment order u/s 144C(1) renders final assessment Jurisdictionless

October 5, 2023 6186 Views 0 comment Print

Bombay High Court held that failure to pass a draft assessment order under section 144C(1) of the Income Tax Act results in rendering the final assessment as one without jurisdiction.

WDV of assets cannot be adjusted by amount of compensation for defective product

September 29, 2023 579 Views 0 comment Print

ITAT Mumbai held that amount of compensation for defective product being capital in nature cannot be adjusted from WDV of the assets.

When fresh assessment is barred no further demand for recovery is possible

September 15, 2023 1419 Views 0 comment Print

Karnataka High Court held that even if the tax paid is found to be less than that payable, no further demand can be made for recovery of the balance amount when a fresh assessment is barred.

Once penalty order is set aside, the criminal case cannot survive

September 4, 2023 2361 Views 0 comment Print

Jharkhand High Court held that once penalty order is set aside, it will be presumed that there is no concealment and hence prosecution under Section 276C(1) of the Income Tax Act will be quashed automatically.

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