ITAT Chennai quashes assessment because the notice u/s 143(2) was issued by a non-jurisdictional AO after jurisdiction transfer u/s 127 was effective. Jurisdictional error is fatal; entire assessment declared void ab initio.
ITAT Delhi deletes Rs. 52.65 Cr notional interest addition, affirming only real income is taxable. It allows Rs. 20.18 Cr theft loss and Rs. 12.09 Cr flood/expiry loss on unsaleable inventory.
Delhi ITAT ruled that a Rs. 3.74 Cr tax addition on suppressed profit was illegal. Extrapolating income beyond the search date without evidence is impermissible.
Pune ITAT set aside a CIT(E) order, ruling that a wrong clause in Form 10AB isn’t fatal. Directs CIT(E) to allow rectification & reconsider 12AB registration/80G approval.
Pune ITAT set aside a CIT(E) revision against PYC Gymkhana, ruling the AO’s view was plausible since business receipts were below the 20% limit in Section 2(15) Proviso (ii).
Delhi ITAT ruled that Pratt & Whitney’s overseas aircraft engine repair is not Fees for Technical Services (FTS) as it fails the DTAA’s “make-available” test. The ₹242 Cr demand was deleted.
Pune ITAT set aside a PCIT’s Section 263 revisionary order against Ravindra Chavan, ruling the “Hear the Other Side” rule was breached by relying on un-confronted material.
Assessee has preferred the present appeal mainly assailing validity of final assessment order dated 30.06.2022 on the ground of limitation. It is contested that the Dispute Resolution Panel (DRP) issued directions u/s. 144C(5) of the Act on 23.03.2022, the Assessing Officer (AO) passed final assessment order on 23.06.2022.
ITAT Delhi held that provision of section 54F of the Income Tax Act are beneficial provision and the same has to be applied as per the peculiar situation of each case. Here, exemption u/s. 54F granted in spite of delay in construction of residential property since it was beyond the control of the assessee.
ITAT Pune ruled a trust’s passive rental income, even if substantial, is not a “business activity” under Sec 2(15) proviso if utilized for charitable objects, directing Sec 12A registration.
