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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


Goodwill Depreciation Allowed under Income Tax Act: ITAT Ruling  

February 15, 2024 5580 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 1461 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 1320 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 930 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 4698 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 3039 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.

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

November 17, 2023 19116 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 537 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 1326 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 759 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.

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