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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 3801 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 2770 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 1054 Views 1 comment Print


Latest Judiciary


Notice Sent On Incorrect Email Constitutes Improper Service: ITAT Ahmedabad

Income Tax : ITAT Ahmedabad rules improper service of notice due to incorrect email address in the case of LMP Motors Pvt. Ltd Vs ACIT, highlig...

July 8, 2024 420 Views 0 comment Print

Income Tax Appeal dismissal without considering merits: Kerala HC Restores Matter To ITAT

Income Tax : Kerala High Court restores Cool Mind Technologies' income tax appeal, emphasizing ITAT's obligation to consider appeals on merits ...

June 23, 2024 333 Views 0 comment Print

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

Income Tax : 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...

May 30, 2024 543 Views 0 comment Print

No Section 56(2)(viib) Addition Required for Discrepancy of less than 10%

Income Tax : Discover the ITAT Delhi's ruling on Sakshi Fincap Pvt. Ltd. vs. ITO, addressing valuation discrepancies and retrospective amendmen...

May 24, 2024 738 Views 0 comment Print

Section 153(2A): One-Year Limit for Consequential Orders after Remand

Income Tax : Kerala High Court ruling emphasizes time limits in Income Tax Act assessments on remand. Detailed analysis of Joseph Michael vs. D...

May 8, 2024 468 Views 0 comment Print


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

March 19, 2024 282 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 588 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 1890 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 879 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 708 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 408 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 2565 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 1653 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 17424 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 210 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.

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