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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


ITAT Deletes Section 68 Addition Because Cash Deposits Were Supported by Recorded Sales

Income Tax : The Tribunal held that cash deposits during demonetisation cannot be treated as unexplained when backed by audited books, invoices...

May 15, 2026 345 Views 0 comment Print

ITAT Deletes Section 270A Penalty Due to Defective Notice and Bona Fide Reliance on Form 16

Income Tax : The Tribunal ruled that non-specification of the precise statutory charge under sections 270A(2) and 270A(9) violated principles o...

May 15, 2026 246 Views 0 comment Print

Fee-Based Receipts Cannot Defeat Charitable Status for Environmental Activities: ITAT Delhi

Income Tax : The Delhi ITAT held that institutions engaged in preservation of environment fall under a specific charitable limb under Section 2...

May 14, 2026 204 Views 0 comment Print

CIT(A) cannot enhance income on issues not examined by AO: ITAT Mumbai

Income Tax : The Tribunal held that CIT(A) cannot enhance income under Section 251 on matters not considered by the Assessing Officer during as...

May 10, 2026 537 Views 0 comment Print

Section 54F Deduction Cannot Be Denied Without Adequate Opportunity to Furnish Evidence

Income Tax : ITAT Bangalore restored the Section 54F claim after noting that medical issues and portal difficulties prevented timely filing of ...

May 7, 2026 501 Views 0 comment Print


Latest News


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 408 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 1008 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 1077 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 789 Views 0 comment Print

ITAT Indore Hybrid Hearing Guidelines from October 9, 2023

Income Tax : Learn about hybrid hearing guidelines of Income Tax Appellate Tribunal (ITAT) Indore Bench, effective from October 9, 2023, offeri...

October 4, 2023 1512 Views 0 comment Print


Latest Judiciary


ITAT Quashes Reassessment as AO Changed Reason from Fake Loan Entries to Penny Stock LTCG

Income Tax : The ITAT Ahmedabad held that reassessment under Section 147 was invalid because the Assessing Officer reopened the case for fictit...

May 17, 2026 315 Views 0 comment Print

Section 69A Addition Cannot Survive Merely on Ground That Explanation Was an Afterthought: ITAT Delhi

Income Tax : The Tribunal held that tax authorities cannot reject documentary evidence solely by labeling the explanation as an afterthought. P...

May 17, 2026 105 Views 0 comment Print

Routine Administrative Workload Cannot Justify Delay in Filing Appeal: ITAT Bangalore

Income Tax : ITAT Bangalore dismissed the Revenue’s appeal after holding that the Assessing Officer failed to provide adequate reasons for de...

May 17, 2026 57 Views 0 comment Print

Income Tax Penalty Matter Restored as Quantum Appeal Was Still Pending Before CIT(A)

Income Tax : ITAT Delhi held that penalty proceedings under Section 271(1)(c) should not be decided before disposal of the related quantum appe...

May 17, 2026 72 Views 0 comment Print

ITAT Deletes Duplicate Capital Gains Addition Due to Amended Sale Deed Error

Income Tax : The Tribunal held that two sale deeds represented the same transaction because one was merely an amendment correcting a survey num...

May 17, 2026 75 Views 0 comment Print


Latest Notifications


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 1167 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 5808 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 2169 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 19944 Views 6 comments Print

Notice issued by officer having no jurisdiction of assessee is null & void

Income Tax : Bhagyalaxmi Conclave Pvt. Ltd. Vs DCIT (ITAT Kolkata) In the remand report, the AO clearly stated that notice u/s 143(2) of the Ac...

February 3, 2021 9957 Views 0 comment Print


ITAT restricts addition based on noting in diary to 10% of gross receipts

October 31, 2021 1203 Views 0 comment Print

Smt. Bhavana Jain, Prop. M/s Akash Metal Vs ITO (ITAT Delhi) The assessee’s explanation with regard to interest in the loose sheet i.e. blue diary found during the course of search was that it was for the purpose of memory and the addition could not have been made solely on the basis of loose paper […]

Penalty not sustainable if AO dropped penalty in earlier AY on same set of facts

October 31, 2021 1392 Views 0 comment Print

Action Construction Equipment Ltd. Vs DCIT (ITAT Delhi) The Assessing Officer has not given any reason as to why he dropped the penalty in Assessment Year 2010-11 and sustained the imposition of penalty for Assessment Year (AY) 2009-­10 under the same set of facts. Moreover, in the impugned penalty order, the Assessing Officer has stated […]

Donation with specific direction on uses entitled for section 11 deduction

October 31, 2021 3612 Views 0 comment Print

Jeypore Evangelical Lutheran Church Vs ITO (ITAT Cuttack) From the narration given in the list of donations, it is observed that the amount of donation has been given for the specific purpose. The Assessing Officer has bifurcated three donations as specific purpose and left out other donations not being specific purpose without giving any reason. […]

If AO made addition on estimated GP basis than other item-wise disallowance should not be made

October 29, 2021 3858 Views 0 comment Print

Devyani Tex Chem Pvt. Ltd. Vs ACIT (ITAT Surat) From the above facts it is abundantly clear that books of accounts of the assessee were rejected by the assessing officer and on appeal, ld CIT(A) upheld the rejection of books of accounts and reduced the profit estimation. We also upheld the order of ld CIT(A), […]

Activity of Providing Affordable Housing by MHADA is Charitable in Nature

October 29, 2021 855 Views 0 comment Print

Maharashtra Housing & Area Development Authority (MHADA) Vs DCIT (ITAT Mumbai) Merely because MHADA builds tenements and sells them does not lead to any inference that MHADA’s activities are in the nature of trade, commerce or business. We have already discussed in detail that assessee’s activity is no way can be held for the profit […]

Assessment to be made u/s 153C instead of u/s 147 in case of Search assessment

October 29, 2021 10428 Views 0 comment Print

Since no fresh information was collected by AO or no information had come to the notice of AO in normal course, other than the information collected during the course of search from searched person therefore, as provided under sections 153A and 153C, search assessments was required to be made under section 153A or section 153C, but not under section 147.

No section 271D Penalty on wife for receiving money from husband for purchase of family property

October 29, 2021 4632 Views 0 comment Print

Penalty under section 271D could not be levied on wife for receiving money from her husband for purchase of family property as practice of registering the property in name of the wife was guided by various family and societal factors besides encouragement of the Government for such transactions entered into by female members in the family by way of reduced stamp duty and she had offered reasonable explanation justifying the cash transactions

Addition under section 69A unsustainable for cash deposited as facilitator

October 28, 2021 5439 Views 0 comment Print

Ashish Natvarlal Vashi Vs ITO (ITAT Surat) Conclusion- Cash deposited in bank was transferred to insurance company by way of insurance premium in the name of respective insurer – Assessee acted as facilitator and not the owner of the cash deposited in bank account – Addition not possible under section 69A. Facts- The assessee deposited […]

No interest expense disallowance when own fund exceeds capital work-in-progress

October 28, 2021 2355 Views 0 comment Print

As own fund of the assessee exceeds the amount of capital work in progress. A presumption can be drawn that the own fund is utilized in such capital work in progress. Therefore there cannot be any disallowance on account of interest expenses.

TPO duty bound to determine ALP by following any one of prescribed methods

October 28, 2021 1899 Views 0 comment Print

Firemenich Aromatics Production (India) Pvt. Ltd. Vs ACIT (ITAT Mumbai) We find that IS charges were paid by the assessee for obtaining access to ERP software and for regular recurrent services and such charges were paid in earlier years also. In AY 2012-13, similar adjustment proposed by Ld. TPO was deleted by coordinate bench on […]

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