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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 213 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 162 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 189 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 531 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 492 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 396 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 777 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 1506 Views 0 comment Print


Latest Judiciary


ITAT Delhi Deletes Capital Addition as No Liability Cessation Was Proved

Income Tax : ITAT Delhi held that addition under Section 41(1) cannot be made without proving cessation of liability. The Tribunal found that f...

May 15, 2026 45 Views 0 comment Print

Third-Party Loose Papers Cannot Justify Addition Without Cross-Examination: ITAT Delhi

Income Tax : ITAT Delhi ruled that reassessment in search cases requires prior approval under section 148B before passing the order. Since the ...

May 15, 2026 60 Views 0 comment Print

Section 56(2)(x) not Apply to Redevelopment Flats as Transaction Is Exchange of Existing Rights

Income Tax : The ITAT Mumbai held that receipt of a new flat in exchange for surrender of an old flat under a redevelopment arrangement does no...

May 15, 2026 72 Views 0 comment Print

Assessment Quashed as Returned Income Exceeded Monetary Limits of ITO Jurisdiction

Income Tax : The ITAT Delhi held that scrutiny notice issued by an ITO lacking pecuniary jurisdiction rendered the entire assessment void ab in...

May 15, 2026 78 Views 0 comment Print

ITAT Surat Upholds Bogus LTCG Addition on Sunrise Asian Penny Stock, Applies ‘Human Probability’ Test

Income Tax : The ITAT Surat held that abnormal price rise in a penny stock and surrounding circumstances justified treating claimed LTCG as une...

May 15, 2026 60 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 1164 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 2166 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


No TDS Liability on Foreign Commission as Income Not Taxable in India

January 22, 2026 552 Views 0 comment Print

This case addressed the allowability of commission paid to non-resident agents without TDS. The Tribunal held that since the income was not chargeable to tax in India and agents had no PE, Section 40(a)(i) could not be invoked.

Assessment Quashed as U/s 143(2) Issued by Wrong Jurisdictional AO: ITAT Kolkata

January 22, 2026 705 Views 0 comment Print

The issue was whether an assessment is valid when notice under Section 143(2) is issued by an officer lacking pecuniary jurisdiction. The Tribunal held such notice invalid and quashed the assessment as void ab initio.

Section 115BBE Inapplicable After Cash Credit Deletion

January 22, 2026 273 Views 0 comment Print

Once the cash credit addition failed, the special tax under Section 115BBE could not survive. The Tribunal deleted the entire addition, reaffirming that consequential provisions fall with the primary addition.

Section 11(2) Accumulation Allowed Despite Vague Form 10: ITAT Mumbai

January 22, 2026 681 Views 0 comment Print

It was ruled that failure to specify an exact project in Form 10 is a technical lapse. Where the charitable objects and utilisation are evident, accumulation cannot be disallowed.

Penalty u/s 271AAC cannot survive once Section 69 addition is deleted in quantum

January 22, 2026 1092 Views 0 comment Print

The penalty was levied solely on the basis of an alleged unexplained investment under Section 69. Since the quantum addition was fully deleted, the Tribunal ruled that the penalty automatically collapses.

Section 271(1)(c) Penalty Invalid for Non-Specification of Charge: ITAT Agra

January 22, 2026 588 Views 0 comment Print

The issue was whether retaining both limbs of Section 271(1)(c) in the notice renders the penalty void. The Tribunal ruled that failure to strike off the inapplicable limb vitiates the proceedings. Penalties must be founded on precise allegations.

ITAT Mumbai Allowed Section 54F Claim in Appeal although Not Made in Return

January 22, 2026 2250 Views 0 comment Print

It was ruled that the bar on fresh claims applies only to assessing officers, not appellate bodies. A valid Section 54F claim must be examined on merits during appeal.

Assessment Held Void for Skipping Statutory Notice Under Section 143(2): ITAT Agra

January 22, 2026 609 Views 0 comment Print

This case involved reassessment completed without serving the mandatory scrutiny notice. The Tribunal ruled that such omission is not a curable defect and invalidates the proceedings. The decision reinforces strict adherence to statutory safeguards.

ITAT Mumbai Rejected TDS on Stake Money Despite Section 194B Amendment:

January 22, 2026 414 Views 0 comment Print

The issue was whether stake money paid to horse owners attracts TDS under Sections 194B or 194BB. The Tribunal held that stake money is distinct from betting winnings and deleted the Section 201 tax and interest demand.

12AB Denial Set Aside for Foreign Studies Grant; Funds Applied in India; Delay Condoned

January 22, 2026 450 Views 0 comment Print

It was ruled that funds paid in India to a student remain an application in India under Section 11. Utilisation of the grant outside India does not violate charitable exemption provisions.

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