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Protective Addition Unsustainable if Substantial Addition is Confirmed or Settled: ITAT Bangalore

February 27, 2025 582 Views 0 comment Print

ITAT Bangalore deletes AO’s protective addition in LM Wind Power case, citing settled MAP proceedings on IT fees and commission payments.

ITAT Delhi Dismisses Revenue Appeal as Tax Effect was Below Rs. 60 Lakh Limit 

February 27, 2025 1035 Views 0 comment Print

ITAT Delhi dismisses DCIT’s appeal against Naresh Kumar Garg due to low tax effect, citing CBDT’s Rs. 60 lakh threshold in Circular No. 9/2024.

Section 12A: Trusts Registered Before April 1, 2021, Exempt from Seeking Final Registration – ITAT Kolkata

February 27, 2025 8652 Views 0 comment Print

ITAT Kolkata rules that provisional registration under Section 12A is deemed regular. CIT (Exemptions) vs Indira Trust case clarifies procedural confusion.

Income Tax dues prior to resolution plan’s approval date are extinguished: ITAT Delhi

February 27, 2025 819 Views 0 comment Print

ITAT Delhi rules against Income Tax Department’s new claims post-resolution plan approval for GAIL Mangalore Petrochemicals Ltd., citing Supreme Court precedents.

Reassessment Invalid if Original Escaped Income Not Added & Reasons are Vague or Scanty

February 27, 2025 1383 Views 0 comment Print

ITAT Kolkata invalidates reassessment of Neena Commercial Pvt. Ltd. due to vague reasons and lack of jurisdiction for new additions. Legal precedents cited.

Section 271(1)(c) Penalty unustified on Ad-Hoc Estimated Income: ITAT Mumbai

February 27, 2025 1263 Views 0 comment Print

ITAT Mumbai rules that penalty under Section 271(1)(c) of the Income Tax Act cannot be levied on ad-hoc estimated income, dismissing Revenue’s appeal in ITO vs. Ashok Industrial Corporation.

PCIT Cannot invoke Section 263 to Change Profit Estimation Rate: ITAT Nagpur

February 26, 2025 1011 Views 0 comment Print

Section 263 could not be used merely to impose a different view on the estimation rate. Since the declared income exceeded the presumptive tax threshold, there was no loss to revenue, making the revision unjustified.

Jewellery Ownership cannot Be Presumed Solely from Frequent Locker Operation

February 26, 2025 1152 Views 0 comment Print

ITAT Ahmedabad deletes addition of ₹6.16 lakh under Section 69A for unexplained jewellery, considering joint ownership of locker and affidavit from the daughter.

No Penalty for Additions Based on Estimation Without Concrete Proof: ITAT Mumbai

February 26, 2025 2082 Views 0 comment Print

ITAT Mumbai ruled on Dev Engineers Vs DCIT, deleting penalties under Sections 271(1)(c) and 271AAB. Additions were based on estimation, lacking evidence of concealment.

No TDS on Interest under Section 28 of Land Acquisition Act: ITAT Delhi

February 26, 2025 2232 Views 0 comment Print

ITAT Delhi rules that interest on enhanced land acquisition compensation under Section 28 is part of compensation, not taxable income, exempting it from TDS provisions.

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