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ITAT Judgments

ITAT Judgment contain Income Tax related Judgments from Income Tax Appellate Tribunal Across India which includes ITAT Mumbai, Chennai, Delhi, Kolkutta, Hyderabad etc.

Latest Articles


India’s MLI Problem: Ratified, But Not Notified

Income Tax : Article examines whether the MLI Principal Purpose Test has domestic effect under Section 90(1) following Nestlé SA and Sky High ...

July 10, 2026 309 Views 0 comment Print

Ignoring Notices at AO and CIT(A) Stages Can Ruin Direct Tax Cases

Corporate Law : The article argues that failure to comply before the AO or CIT(A) can lead to adverse assessments, as higher forums generally cann...

July 4, 2026 462 Views 0 comment Print

Section 54 Exemption Must Be Computed Asset-Wise as Each House Transfer Is a Separate Source of Capital Gain: ITAT Bangalore

Income Tax : ITAT held that Section 54 exemption must be examined separately for each residential house sold. Aggregating gains from multiple t...

July 2, 2026 297 Views 0 comment Print

Section 11 Exemption Cannot Be Denied as Form 10B Was Filed Before Return Processing: ITAT Jaipur

Income Tax : ITAT held that delayed filing of Form 10B cannot defeat Section 11 exemption if the audit report is available before processing un...

July 2, 2026 186 Views 0 comment Print

ITAT Deletes On-Money Addition as Unsigned Agreement & Third-Party Records Lacked Evidence

Income Tax : Smt. Ranjana Kumari/Kalta Vs DCIT/ACIT (Central) (ITAT Chandigarh) The appeals involved three assessees belonging to the Kalta Gro...

June 30, 2026 408 Views 0 comment Print


Latest News


Section 2(47)(v) Capital Gains Deleted as Section 53A Conditions Not Satisfied: ITAT Bangalore

Income Tax : ITAT Bangalore held Section 2(47)(v) inapplicable as the JDA did not satisfy Section 53A conditions, deleting capital gains for AY...

July 11, 2026 318 Views 0 comment Print

CAAS Moves Supreme Court on ITAT Vacancies

Income Tax : The issue concerns massive backlog in ITAT caused by unfilled positions and delayed appointments. The intervention highlights that...

April 18, 2026 696 Views 0 comment Print

Representation for enhancement of monetary limit for SMC cases before ITAT

Income Tax : A representation seeks doubling the SMC threshold due to inflation and higher dispute values. The key takeaway is that increasing ...

April 4, 2026 1431 Views 0 comment Print

Raj Kundra Gifted Shilpa Shetty ₹12.5 Crore. Now Tax Tribunal Wants to Know How

Income Tax : The tribunal held that a gift deed alone cannot establish legitimacy under Section 68. It directed fresh scrutiny of the donor’s...

March 20, 2026 1338 Views 0 comment Print

Income from Vessel Operations Taxable Under India-Norway DTAA: ITAT Delhi

Income Tax : Delhi ITAT allows Sanco Holding, a Norwegian company, to compute income from bareboat charter of seismic vessels under Article 21(...

October 17, 2025 909 Views 0 comment Print


Latest Judiciary


No Capital Gains on JDA Execution Without Transfer Under Section 2(47)(v): ITAT Nagpur

Income Tax : ITAT Nagpur upheld deletion of capital gains, holding that a development agreement granting only a licence to develop did not amou...

July 18, 2026 12 Views 0 comment Print

Assessment Quashed for Invalid Section 143(2) Notice Issued Without Jurisdiction: ITAT Delhi

Income Tax : ITAT Delhi quashed the assessment after holding that the Section 143(2) notice was issued by an ITO lacking pecuniary jurisdiction...

July 18, 2026 12 Views 0 comment Print

Ground Handling Income Taxable in India, Not Exempt Under India-UK DTAA: ITAT Delhi

Income Tax : ITAT Delhi held ground handling and engineering service receipts taxable in India, rejecting Article 8 India-UK DTAA exemption for...

July 18, 2026 15 Views 0 comment Print

Interest on Delayed Sales Tax, Service Tax & PF Payments Deductible; TDS Interest Disallowed: Patna ITAT

Income Tax : ITAT Patna allowed deduction for interest on delayed sales tax, service tax and employer's PF, disallowed TDS interest, and remand...

July 18, 2026 69 Views 0 comment Print

Section 147 Assessment Set Aside as ITO Lacked Pecuniary Jurisdiction: ITAT Delhi

Income Tax : ITAT Delhi quashed Section 147 reassessment as the Section 148 notice was issued by an ITO lacking pecuniary jurisdiction under CB...

July 18, 2026 159 Views 0 comment Print


Latest Notifications


Section 54EC Deduction Enhanced to ₹1 Crore by Rectifying Tribunal Order: ITAT Pune

Income Tax : ITAT Pune allowed rectification under Section 254(2), correcting factual errors and granting Section 54EC deduction of ₹1 crore ...

July 18, 2026 78 Views 0 comment Print

SOPs for sending notice to parties for hearing of cases before ITAT Bench

Income Tax : The ITAT Delhi has revised its hearing notice protocols. Physical notices will now be sent only once, with subsequent dates availa...

July 25, 2025 1344 Views 0 comment Print

ITO doesn’t have jurisdiction to issue notice to NRI: ITAT Chandigarh

Income Tax : ITAT Chandigarh held that ITO Ward-3(1), Chandigarh had no jurisdiction to issue notice to an NRI and hence consequently the asses...

April 11, 2025 6015 Views 0 comment Print

Govt appoints Shri G. S. Pannu as President of ITAT

Income Tax : Central Government is pleased to appoint Shri G. S. Pannu, Vice-President of the Income Tax Appellate Tribunal, as President of th...

September 6, 2021 2277 Views 0 comment Print

Appointment as ITAT Member- Disparity with CAs

Income Tax : Ministry of Finance notified rules for appointment of members in various tribunals on 12.02.2020 in which practice of judicial and...

June 30, 2021 20214 Views 6 comments Print


Unjustified Section 68 Addition: Gold Sale Cash Receipts Recorded in Books

October 17, 2023 2832 Views 0 comment Print

ITAT Ahmedabad rules on the treatment of cash receipts from sale of gold/gold ornaments in case of Abhishek Prakashchand Chhajed Vs ITO.

Provisions of section 28(va) doesn’t apply in case of termination of call option

October 17, 2023 924 Views 0 comment Print

ITAT Chennai held that the termination of the call option merely relinquishes the right of to buy shares, however, there is no element of non-compete obligation inherent in the agreement and hence provisions of Section 28(va) of the Income Tax Act cannot be triggered.

Order passed u/s 143(3) quashed as notice u/s 143(2) was issued by non-jurisdictional AO

October 17, 2023 8442 Views 0 comment Print

ITAT Raipur held that AO having jurisdiction over the case passed the order u/s 143(3) of the Income Tax Act without issuing notice u/s 143(2). Accordingly, the matter quashed for want of valid assumption of jurisdiction as notice u/s 143(2) was issued by non-jurisdictional AO.

Payment of gratuity premium to LIC is allowable as business expenditure

October 17, 2023 5418 Views 0 comment Print

ITAT Ahmedabad held that gratuity premium paid to LIC was to be treated as business expenditure and the same is allowable under section 37(1) of the Income Tax Act.

Conflict of Interest in ITAT Chennai: Detailed Analysis and Conclusion

October 17, 2023 2118 Views 0 comment Print

Explore the case of Daechang Seat Co. Ltd. Vs DCIT at ITAT Chennai, involving a ‘conflict of interest’ issue. Learn about legal principles, professional conduct, and how it impacts income-tax proceedings

Penalty u/s. 271(1)(c) unjustified as voluntary deposit was done before receipt of notice u/s 148

October 16, 2023 1404 Views 0 comment Print

ITAT Delhi held that imposition of penalty under section 271(1)(c) of the Income Tax Act unjustified as voluntary deposit of tax was done before receiving notice under section 148 of the Income Tax Act.

Imposition of penalty u/s. 271(1)(b) within time limit contemplated in section 275(1)(a) justified

October 16, 2023 6744 Views 0 comment Print

ITAT Raipur held that imposition of penalty u/s. 271(1)(b) of the Income Tax Act within the time period contemplated in clause (a) of sub-section (1) to Section 275, i.e six months from the end of the month in which appellate order was received is duly justified.

Addition u/s 68 unjustified as sufficient evidences placed to discharge initial onus

October 16, 2023 1341 Views 0 comment Print

ITAT Delhi held that assessee has placed sufficient evidences to discharge initial onus to explain the nature and source of loans. Accordingly, addition u/s. 68 of the Income Tax Act towards unsecured loan unjustified.

Levy of late fees u/s 234E for delay in filing TDS return for period prior to 01.06.2015 unwarranted

October 16, 2023 2832 Views 0 comment Print

ITAT Jodhpur held that levying late fees u/s 234E of the Income Tax Act for delay in filing TDS return for 4th quarter of F.Y. 2012-2013 unwarranted as power to levy fees has come into effect only from 01.06.2015

Receipts taxable under FTS/FIS on failure to prove basis of cost allocation

October 16, 2023 1278 Views 0 comment Print

ITAT Mumbai held that receipts taxable under Fees for Technical/ Included Services (FTS/FIS) as assessee failed to prove that it is actual reimbursement as there is no basis of allocation or actual cost incurred for affiliates.

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