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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 3990 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 2791 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 1081 Views 1 comment Print


Latest Judiciary


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 144 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 390 Views 0 comment Print

Assessment order passed beyond period prescribed u/s. 153 is barred by limitation

Income Tax : Bombay High Court held that assessment order passed after expiry of period of limitation as prescribed under section 153 of the In...

January 17, 2025 309 Views 0 comment Print

Approval u/s 153D is mandatory, even if it is second round assessment: ITAT Delhi

Income Tax : ITAT passed ex-parte order in absence of assessee and held that any assessment, whether it be first round or otherwise framed unde...

December 28, 2024 369 Views 0 comment Print

AO required to pass order within time limit prescribed u/s. 153 pursuant to remand by ITAT

Income Tax : The petitioner is a company registered under the Companies Act, 1956 and is a subsidiary of Huawei Technologies Coopertief U.A (Ne...

December 24, 2024 750 Views 0 comment Print


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

March 19, 2024 465 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 528 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 594 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 927 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 4182 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 996 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 891 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 486 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 3561 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 2148 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.

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