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section 254

Latest Articles


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 4044 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 2803 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 1087 Views 1 comment Print


Latest Judiciary


Filing of cross objection before High Court is not maintainable

Income Tax : Delhi High Court held that Section 260A of the Income Tax Act refrains from incorporating a specific provision permitting the fili...

March 28, 2025 417 Views 0 comment Print

Non-issuance of Section 143(2) notice invalids Section 143(3) Scrutiny Assessment: ITAT Raipur

Income Tax : ITAT Raipur held that assessment framed by AO u/s. 143(3) r.w.s. 147 of the Income Tax Act without issuance of notice under sectio...

March 25, 2025 147 Views 0 comment Print

Subsequent judgment reversing a legal interpretation is not apparent mistake

Income Tax : ACIT (OSD) Vs G4S Facility Services (India) Ltd. (ITAT Delhi): Subsequent judgment reversing earlier Legal Interpretation, cannot ...

March 24, 2025 3504 Views 0 comment Print

Reopening assessment without controverting explanation of assessee is bad-in-law: ITAT Kolkata

Income Tax : ITAT Kolkata held that reopening of assessment framed u/s. 148A(d) without application of mind and without controverting the expla...

March 6, 2025 318 Views 0 comment Print

Reassessment order passed without disposing objection raised by assessee not sustainable

Income Tax : ITAT Mumbai held that passing of assessment order u/s 147 r.w.s. 144B of the Act without disposing the objections raised by the as...

February 19, 2025 432 Views 0 comment Print


Capital subsidy to be reduced while computing book profit u/s. 115JB: ITAT Nagpur

November 22, 2024 972 Views 0 comment Print

Held that the capital subsidy should be reduced for computation of book profit. Particularly in view of the excruciating fact that reduction of subsidy from written down value was accepted by the Assessing Officer and he did not tinker with the amount of depreciation claimed.

Appellate authority has power to consider interim application under POSH Act, 2013: Karnataka HC

November 21, 2024 471 Views 0 comment Print

Karnataka High Court held that the appellate authority under POSH Act, 2013, despite the absence of specific provision for granting of interim order, would have the power to consider the interim application.

Once indexed renovation expense of co-owner accepted benefit should be granted even without proof

October 18, 2024 570 Views 0 comment Print

Gujarat High Court held that once indexed renovation expense of co-owner accepted, the assessee is not required to produce any documents to prove his share of indexed renovation expense. Accordingly, allowance should be granted even without proof.

Benefit cannot be denied on the ground of non-functionality of TRACES Portal: Madhya Pradesh HC

October 16, 2024 501 Views 0 comment Print

Madhya Pradesh High Court held that the non-functionality of the TRACES Portal shall not be grounds for denying the benefit arising out of the statutory provision under the Income Tax Act.

Prior to passing of final assessment order it is mandatory to pass draft assessment order: Delhi HC

September 10, 2024 1986 Views 0 comment Print

Delhi High Court held that passing of a draft assessment order as mandated under section 144C of the Income Tax Act is mandatory prior to passing of final assessment order. Accordingly, order liable to be set aside.

Passing of fresh assessment order beyond time prescribed u/s. 153(3) cannot be sustained: Delhi HC

September 2, 2024 528 Views 0 comment Print

Delhi High Court held that passing of fresh assessment order beyond time limit prescribed under section 153(3) of the Income Tax Act cannot be sustained and hence set aside.

AO restricting TDS claim unjustified as it is not as directed by Tribunal: Delhi HC

August 28, 2024 459 Views 0 comment Print

Delhi High Court held that as directed by Tribunal AO was required to verify and attend grievance of short credit of TDS. Thus, restricting TDS claim of petitioner to disclosures made in return unjustified.

Request to restore matter not granted as matter not represented by assessee since long time: ITAT Raipur

August 28, 2024 285 Views 0 comment Print

ITAT Raipur held that law will help only those who are vigilant and will not assist the one who are careless. Accordingly, request of assessee to restore matter back not granted as assessee has chosen not to represent its matter for more than 08 years.

Deletion of Unexplained Cash Without Proper Verification Unjustified; Matter Restored: ITAT Raipur

August 27, 2024 351 Views 0 comment Print

ITAT Raipur held that CIT(A) deleted the addition towards unexplained cash under section 68 of the Income Tax Act without proper verification of the facts and evidences and thus the matter restored back to the file of AO for adequate verifications.

Section 57 Deduction Allowable for Interest Expense Incurred to Earn Income from Other Sources: ITAT Raipur

August 26, 2024 1215 Views 0 comment Print

ITAT Raipur held that interest expenditure incurred for earning income chargeable under the head “Income from other sources” is allowable as deduction under section 57 of the Income Tax Act.

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