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 : 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 : Delhi ITAT allows Sanco Holding, a Norwegian company, to compute income from bareboat charter of seismic vessels under Article 21(...
Income Tax : Learn about hybrid hearing guidelines of Income Tax Appellate Tribunal (ITAT) Indore Bench, effective from October 9, 2023, offeri...
Income Tax : ITAT Kolkata quashed the assessment, holding the ACIT lacked pecuniary jurisdiction under CBDT Instruction No. 1/2011 where the re...
Income Tax : ITAT Jaipur dismissed the appeal against a Section 148A(3) order, holding it was not appealable under Section 253 of the Income-ta...
Income Tax : ITAT Delhi deleted a Section 69 addition based on Omaxe search material, holding third-party Excel data without cross-examination ...
Income Tax : ITAT Delhi upheld deletion of Section 68 addition, holding ₹2 crore was recovery of earlier advance supported by records and ban...
Income Tax : ITAT Delhi set aside Section 143(3) assessments for AY 2022-23 as Sections 148 and 148B procedures and prior approval were not com...
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...
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...
The Tribunal restricted the Section 14A disallowance to exempt income and deleted additions relating to bad debts, tea and coffee expenses, and hotel accommodation after finding the statutory requirements for disallowance were not met.
The ITAT held that the CPC could not make adjustments under Section 143(1) without first issuing the mandatory intimation to the assessee. The Revenue’s appeals were dismissed as the statutory procedure had not been followed.
The ITAT Mumbai held that Fees for Technical Services were taxable at 10% under section 115A(1)(b) since the RBI’s automatic approval mechanism satisfied the statutory requirements. The Tribunal ruled that the 15% DTAA rate could not be applied where domestic law provided a more beneficial rate.
The ITAT Delhi held that the CIT(A) must pass a speaking order under Section 250(6) and cannot dismiss an appeal solely for non-compliance. It remanded the matter for fresh adjudication after granting proper opportunity to the assessee.
The ITAT Delhi held that the Assessing Officer could not make a disallowance under Section 14A when the case was selected only for limited scrutiny regarding deduction under Section 57. As no approval for complete scrutiny was obtained, the addition was deleted.
The Tribunal held that additions not proposed in the original draft assessment order and unsupported by DRP directions could not be sustained. It reaffirmed that the statutory process under Section 144C must be followed before making prejudicial variations.
ITAT Bangalore held that deduction under Section 80P cannot be denied merely because a co-operative society has nominal or associate members recognised under the applicable State law. It directed the Assessing Officer to allow the deduction.
The ITAT Raipur held that an application for final approval under Section 80G cannot be rejected solely because it was filed belatedly. It remanded the matter after directing the CIT(Exemption) to examine the trust’s genuineness and statutory conditions on merits.
ITAT Kolkata held that extensive documentary evidence, audited books, supplier confirmations and banking records established the genuineness of the purchases. It deleted the estimated addition sustained by the Commissioner (Appeals).
The ITAT Ahmedabad held that no disallowance under Section 14A can be made where the assessee did not earn any exempt income during the relevant assessment year. It upheld the CIT(A)’s order deleting the addition.
