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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 Allows Final Section 35D Deduction and ESOP Recharge Expense

Income Tax : Bangalore ITAT held that the Revenue cannot deny the fifth-year deduction under Section 35D after consistently allowing the claim ...

June 12, 2026 324 Views 1 comment Print

Section 69A Addition Deleted as Revenue Relied Only on Untested Third-Party Statements

Income Tax : The Tribunal held that reliance on third-party statements without granting effective cross-examination amounted to a violation of ...

June 7, 2026 714 Views 0 comment Print

ITAT Grants Full Section 87A Rebate as Total Income Below ₹7 Lakh Includes Capital Gains

Income Tax : Tribunal held that Section 87A rebate is linked to total income, which includes short-term capital gains. CPC's denial of rebate o...

June 1, 2026 759 Views 0 comment Print

AO Cannot Replace DCF Method With NAV Method for Share Valuation under Rule 11UA: ITAT Mumbai

Income Tax : The Tribunal ruled that once an assessee validly opts for the DCF method and submits a qualified valuation report, the Assessing O...

May 22, 2026 843 Views 0 comment Print

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 630 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 594 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 1245 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 1221 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 870 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 1596 Views 0 comment Print


Latest Judiciary


ITAT Quashes Reassessment as Section 151 Approval Was Not Obtained from Competent Authority

Income Tax : ITAT Pune held that the reassessment proceedings were invalid because the notice under Section 148 was approved by the Principal C...

June 24, 2026 186 Views 0 comment Print

Section 80P Deduction Allowed on Interest Income Attributable to Credit Society’s Business

Income Tax : ITAT held that interest earned by a co-operative credit society from deposits with a co-operative bank remained attributable to it...

June 24, 2026 105 Views 0 comment Print

Bangalore ITAT Upholds Section 11 Exemption Despite Alleged Capitation Fee Collections

Income Tax : Bangalore ITAT held that allegations of capitation fee collections could not justify denial of exemption under Sections 11 and 12 ...

June 24, 2026 78 Views 0 comment Print

ITAT Quashes Reassessment as Section 151 Approval Was Granted by Wrong Authority

Income Tax : ITAT Pune held that reassessment proceedings were invalid because the approval under Section 151 was granted by the Principal Comm...

June 24, 2026 135 Views 0 comment Print

ITAT Rejects Section 56(2)(viib) Addition as Shares Were Issued to Holding Company

Income Tax : ITAT Delhi held that Section 56(2)(viib) could not be invoked where shares were allotted at a premium to a 100% holding company. T...

June 24, 2026 93 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 1287 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 5925 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 2238 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 20118 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 10014 Views 0 comment Print


Initial burden lies on assessee to prove genuineness of purchases

July 5, 2009 2327 Views 0 comment Print

The Allahabad High Court also denied the credit of alleged purchases in Shri Ganesha Rice Mills by stating `So far as the question of deduction of purchases from the corresponding sales are concerned, we may mention that the applicant being a manufacturer of Chuni-Bhusi and purchases having been found to be bogus and there is no other purchases of Chuni-Bhusi, the benefit of deduction of such purchases has rightly been disallowed

ITAT Mumbai benches not functioning during the period 06.07.09 to 10.07.09

July 3, 2009 793 Views 0 comment Print

The following benches will not function during the period 06.07.09 to 10.07.09:- “A-1, B-1, I, J , L & WT” The case are adjourned to respective dates. Please see separate Notice.

Section 80-IA relief has to be deducted before computing section 80-HHC relief

June 29, 2009 868 Views 0 comment Print

In ACIT Vs Rogini Garments108 ITD 49 the Special Bench at Chennai held that relief allowed u/s 80-IA had to be deducted from profits and gains of assessee’s business on which relief u/s 80HHC of the Act is to be computed. Subsequently, the Madras High Court in SCM Creations 304 ITR 319 took a contrary view. The question whether Rogini Garments was impliedly overruled was referred

Non-Compete fees are tax-depreciable intangible assets: ITAT Chennai

June 29, 2009 3122 Views 0 comment Print

The Chennai Income Tax Appellate Tribunal (ITAT) has issued three rulings addressing the contentious issue of whether noncompeting fees paid by the acquirer of a business constitute tax deductible expenditure, and concluding that such fees are tax-depreciable intangible assets (Radaan Mediaworks India Ltd (2007), Real Image Technologies (Pvt.) Ltd (2008) and Medicorp Technologies India Ltd (2009))

Remuneration to partners should be Authorised by Partnership deed but quantification not necessary

June 29, 2009 2780 Views 0 comment Print

In Asstt. CIT v. Suman Construction (2009) 27 (II) ITCL 329 (Pune ‘A’-Trib) the assessing officer had noticed that the assessee had claimed salary to partners of Rs. 2,20,000. However, in his opinion as per the partnership deed filed along with the return in the past assessment year, there was no specification of this salary payable to the partners.

Mere reference of assessee’s name in the statement under section 132(4) is not sufficient to invoke the proceedings under section 158BD

June 22, 2009 666 Views 0 comment Print

5. The assessee was subjected to search assessment, whereupon additions were made, which included disallowance of interest expenditure Rs.54,1800/- ; addition for unexplained cash credit Rs.10,500/-, and another disallowance of claim of set off of business loss Rs.18,698/-; totalling Rs.83,378/-. The assessee contended before the AO that the disallowance of interest expenditure on bank loan was only a technical addition

Ex- President, Ex- Senior Vice-President, Ex-Vice-President and Members cannot practice before ITAT

June 20, 2009 964 Views 0 comment Print

Ministry of Law & Justice, Department of legal Affairs, New Delhi Notification Dated : 3rd June 2009 GSR 889 (E). In exercise of the powers conferred by the Proviso to section 309 of the Constitution

Revised return which is a defective return filed under any of the provisions of the IT Act can be rectified

June 19, 2009 16899 Views 3 comments Print

The first issue is taken up first for consideration. Section 139(5) permits the assessee to file a revised return on discovery of an omission or any wrong statement in the original return. Of course, only such return can be revised which has been filed under section 139 (1) or which has been filed pursuant to notice under section 142 (1).

True character of receipt in the hands of assessee can not be judged by utilization thereof

June 19, 2009 687 Views 0 comment Print

We have duly considered the rival contentions and the material on record. The crux of the matter is to determine the true character of the receipt in the hands of the assessee and not the utilization thereof. The utilization will not determine the nature of the receipt. The assessee may mis-utilise the funds but that will not either determine or change the character of the receipt. The foremost thing to be appreciated is that the assessee has taken

Foreign companies underwriting income not taxable in India: ITAT

June 16, 2009 1600 Views 0 comment Print

Foreign firms earning through underwriting services in India without having a permanent establishment here will not be required to pay tax on that income, tax tribunal said in a ruling. Income Tax Appellate Tribunal (ITAT) gave this ruling in case of over Rs nine crore payment by auto maker Mahindra and Mahindra

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