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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 141 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


After TPO’s Order, AO Obligated to Follow Section 92CA(4) for Assessment

May 30, 2024 3231 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 1416 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 3963 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 3318 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 2799 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 927 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.

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

March 19, 2024 744 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 924 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 1329 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 1665 Views 0 comment Print

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

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