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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


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

November 17, 2023 18093 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 261 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 846 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 450 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.

Disallowance u/s 14A cannot be more than exempt income

October 31, 2023 642 Views 0 comment Print

ITAT Delhi held that it is settled principle of law that the disallowance under section 14A of the Income Tax Act cannot exceed the exempt income.

Penalty u/s 271(1)(c) not leviable in absence of concealment of particulars of income

October 30, 2023 1995 Views 0 comment Print

ITAT Delhi held that penalty under section 271(1)(c) of the Income Tax Act not leviable since there is no concealment of particulars of income by the assessee.

Non-passing of draft assessment order u/s 144C(1) renders final assessment Jurisdictionless

October 5, 2023 4959 Views 0 comment Print

Bombay High Court held that failure to pass a draft assessment order under section 144C(1) of the Income Tax Act results in rendering the final assessment as one without jurisdiction.

WDV of assets cannot be adjusted by amount of compensation for defective product

September 29, 2023 372 Views 0 comment Print

ITAT Mumbai held that amount of compensation for defective product being capital in nature cannot be adjusted from WDV of the assets.

When fresh assessment is barred no further demand for recovery is possible

September 15, 2023 1050 Views 0 comment Print

Karnataka High Court held that even if the tax paid is found to be less than that payable, no further demand can be made for recovery of the balance amount when a fresh assessment is barred.

Once penalty order is set aside, the criminal case cannot survive

September 4, 2023 1875 Views 0 comment Print

Jharkhand High Court held that once penalty order is set aside, it will be presumed that there is no concealment and hence prosecution under Section 276C(1) of the Income Tax Act will be quashed automatically.

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