ITAT Judgment contain Income Tax related Judgments from Income Tax Appellate Tribunal Across India which includes ITAT Mumbai, Chennai, Delhi, Kolkutta, Hyderabad etc.
Income Tax : Article examines whether the MLI Principal Purpose Test has domestic effect under Section 90(1) following Nestlé SA and Sky High ...
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...
Income Tax : ITAT held that Section 54 exemption must be examined separately for each residential house sold. Aggregating gains from multiple t...
Income Tax : ITAT held that delayed filing of Form 10B cannot defeat Section 11 exemption if the audit report is available before processing un...
Income Tax : Smt. Ranjana Kumari/Kalta Vs DCIT/ACIT (Central) (ITAT Chandigarh) The appeals involved three assessees belonging to the Kalta Gro...
Income Tax : ITAT Bangalore restored the appeal after holding that mere upload of an order on the ITBA portal is not valid service under Sectio...
Income Tax : ITAT Bangalore held Section 2(47)(v) inapplicable as the JDA did not satisfy Section 53A conditions, deleting capital gains for AY...
Income Tax : The issue concerns massive backlog in ITAT caused by unfilled positions and delayed appointments. The intervention highlights that...
Income Tax : A representation seeks doubling the SMC threshold due to inflation and higher dispute values. The key takeaway is that increasing ...
Income Tax : The tribunal held that a gift deed alone cannot establish legitimacy under Section 68. It directed fresh scrutiny of the donor’s...
Income Tax : ITAT Kolkata quashed an assessment after holding that the Section 143(2) notice issued by an ITO lacking pecuniary jurisdiction wa...
Income Tax : Surat ITAT held BSNL VRS-2019 ex-gratia is eligible for Section 10(10B) exemption, condoned delay and directed AO to verify and gr...
Income Tax : Patna ITAT deleted search-based additions lacking corroborative evidence and restored the Section 56(2)(x) issue for fresh adjudic...
Income Tax : ITAT Ahmedabad allowed Section 54F deduction, holding that completion certificate was not required where evidence established cons...
Income Tax : ITAT Kolkata upheld deletion of business expenditure disallowance, holding that nil sales did not establish business closure and r...
Income Tax : ITAT Pune allowed rectification under Section 254(2), correcting factual errors and granting Section 54EC deduction of ₹1 crore ...
Income Tax : The ITAT Delhi has revised its hearing notice protocols. Physical notices will now be sent only once, with subsequent dates availa...
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...
Income Tax : Central Government is pleased to appoint Shri G. S. Pannu, Vice-President of the Income Tax Appellate Tribunal, as President of th...
Income Tax : Ministry of Finance notified rules for appointment of members in various tribunals on 12.02.2020 in which practice of judicial and...
Insurance policy was not taken by company under key man insurance & Merely, amount was paid by it so premium not allowed as business deduction
ITAT Bangalore held that addition under section 68 with regard to deposit of Specified Bank Notes [SBN’s] it was clarified that every deposit during demonetization doesn’t fall under category of unaccounted cash. However, burden is on the assessee to establish the genuineness of the deposit.
ITAT Bangalore held that penalty u/s 271D of the Income Tax Act is leviable on loan taken by way of cash. Notably, repayment of cash loan by way of cheque wouldn’t exonerate the assessee from levy of penalty.
ITAT Mumbai held that security charges involve supply of manpower only and the same does not involve carrying on of any work. Accordingly, provisions of section 194C are not attracted for expenses claimed as security charges. Hence, disallowance u/s 40(a)(ia) unjustified.
DCIT Vs Yazdani International Pvt Ltd (ITAT Cuttack) ITAT Cuttack that expenditure towards various computer software and stationary and the expenditure towards upgradation of software for filing of return before the ROC and website design is revenue in nature and hence allowable. Facts- The revenue has challenged the action of CIT(A) in deleting the addition […]
ITAT Delhi concluded that grants were given specifically for participation in a particular event held in abroad grant was utilized as per terms and conditions and it was not free for the assessee to use the funds voluntarily. Accordingly approval of CBDT under sections 11(1)(c) of the Act not required.
The Author in this article discusses a decision of tribunal (ITAT) regarding taxation of amount paid by companies for broadcasting Cricket World cup matches during FY 2001-02 and 2002-03 held outside India in the hands of a non-resident. The bench has decided that the amount is taxable as royalty in India.
No prejudice was caused to the Assessing Officer on account of non-complying with the notice u/s 142(1) issued on 05.09.2019 and inaction of the Assessing Officer on the adjournment petition moved by the assessee would also enable the appellant to believe that the time to comply with the extension of time as prayed was granted.
Assessee failed to establish difference amount specified in Form 26AS and returns despite several opportunities – ITAT upheld addition
Blue Stampings & Forgings Ltd Vs DCIT (ITAT Delhi) ITAT held that Assessing Officer is not justified in taking drastic action of rejection of books of account which are audited and are without any qualification solely on the basis of general remarks that photocopy of the bills have been produced instead of original bills. No […]
