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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


Income from technical handling services from IATP members not taxable in India

August 19, 2023 825 Views 0 comment Print

ITAT Delhi held that the income from technical handling services received from ‘International Airlines Technical Pool (IATP) members is not taxable in India as it is covered under Article 8(2) r.w. Article 8(1) of India-France DTAA.

Section 153 Prevails over 144C assessment Time Limit even after a remand by ITAT

August 6, 2023 6897 Views 0 comment Print

This article analyzes how Section 153’s time limit prevails over Section 144C’s assessment time limit, based on the case of Shelf Drilling Ron Tappmeyer Limited Vs ACIT in Bombay High Court.

Refund issued will first be adjusted against interest and then against principal amount

August 5, 2023 1896 Views 0 comment Print

ITAT Ahmedabad held that the amount of refund issued to the assessee will be first adjusted against the interest then, after that against the principal amount.

Claim of capital loss by furnishing of revised return is unsustainable

July 19, 2023 1896 Views 0 comment Print

ITAT Delhi held that revised return cannot be filed to cover up deliberate omission etc. in the original return. Thus, claim of the Assessee towards incurring impugned capital loss and carryforward thereof vide the revised return is unsustainable.

Reopening of assessment before disposing of objections filed by assessee is unsustainable

July 18, 2023 1539 Views 0 comment Print

ITAT Mumbai held that reopening of assessment prior to disposing of the objections filed by the assessee is unsustainable and bad-in-law.

Omission of claiming long term capital loss in original return not bona fide so claim via revised return allowable

July 8, 2023 1116 Views 0 comment Print

ITAT Pune held that omission of claiming long term capital loss at the time of filing of original return was not bona fide. Accordingly, rejection of claim of the same in revised return unsustainable in the eyes of law.

Dividend earned from Egypt would not be taxable in India as per DTAA: ITAT

July 7, 2023 612 Views 0 comment Print

In present facts of the case, the Hon’ble Tribunal held that expenses made pertaining to Club Membership fees shall be allowed as business expenditure.

Transfer of Renewable Energy Certificate is capital and not taxable as business income

July 4, 2023 1524 Views 0 comment Print

ITAT Amritsar held that transfer of REC (Renewable Energy Certificate) is capital in nature and not liable to tax under business income as the income is offshoot from environmental concern not from offshoot of business concern.

Section 143(1)(a)(iv) attracted as fact reported by tax audit report is indicative of disallowance

June 29, 2023 2037 Views 0 comment Print

ITAT Mumbai held that the disclosure made by the tax auditor in audit report in Form 3CD about the ‘Details of contributions received from employees for various funds as referred to in section 36(1)(va)’ would now become indicative of a disallowance, hence provisions of section 143(1)(a)(iv) of the Act would get attracted.

Interest subsidy under technology upgradation fund scheme is capital receipt

June 28, 2023 927 Views 0 comment Print

ITAT Mumbai ruled that the interest subsidy received under the technology upgradation fund scheme is considered a capital receipt, even if it is credited against interest expenditure in the books of account.

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