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 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 : Delhi ITAT allows Sanco Holding, a Norwegian company, to compute income from bareboat charter of seismic vessels under Article 21(...
Income Tax : Chennai ITAT deleted the Section 69A addition on cash deposits, holding the assessee acted as a commission agent, while sustaining...
Income Tax : Chennai ITAT upheld deletion of a Section 69A addition, holding that cash withdrawals from the assessee's own bank account could n...
Income Tax : ITAT Chennai directed the AO to apply the peak credit theory and restrict the Section 69A addition instead of taxing the entire ca...
Income Tax : ITAT Chennai restored the Section 115BAA claim, directing verification and holding delayed or non-electronic Form 10-IC filing sho...
Income Tax : ITAT Ahmedabad deleted the Section 69C addition on bank withdrawals and quashed the agricultural income addition after the reopeni...
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 ITAT Raipur upheld the disallowance of 12.5% of disputed purchases after finding that the assessee failed to establish the actual physical movement and consumption of the goods. The Tribunal held that invoices, banking records and GST documents alone were insufficient in the absence of supporting transport and production evidence.
The ITAT Delhi upheld the deletion of an ₹80 lakh addition after holding that the assessee had established the identity, creditworthiness and genuineness of the lender companies. The Tribunal ruled that additions cannot rest solely on suspicion of circular transactions without corroborative evidence.
ITAT Chennai held that Assessing Officer should have allowed 200% weighted deduction on DSIR-certified capital expenditure under section 35(2AB). It also directed verification of uncertified scientific research expenditure for deduction under section 35(1)(iv).
The ITAT held that a transfer pricing adjustment under Section 80-IA(10) cannot be sustained without proving the statutory conditions, including close connection, arranged business transactions, and more than ordinary profits. The Tribunal deleted the adjustment for lack of foundational evidence.
The ITAT Ahmedabad held that the CIT(A) wrongly dismissed the appeal as time-barred despite a condonation application being on record. The matter was remanded for adjudication on merits after condoning the delay.
The ITAT Ahmedabad admitted additional evidence relating to foreign remittances and restored the matter to the DRP for fresh adjudication. It held that the documents were necessary for proper determination of the issues.
The ITAT Ahmedabad held that unexplained investment under Section 69 can be taxed only in the year the investment is actually made. Since the property payments were made in an earlier financial year, the additions for A.Y. 2016-17 were deleted.
The ITAT Mumbai deleted a transfer pricing adjustment of ₹61.22 crore after finding the facts identical to an earlier assessment year. It held that a pending High Court appeal does not dilute the binding nature of an unreversed Tribunal decision.
ITAT ruled that determining the arm’s length price of management service fees at Nil without following a prescribed transfer pricing methodology was not sustainable. It upheld the CIT(A)’s order deleting both the management fee and manufacturing segment adjustments.
The Tribunal held that the reassessment was invalid because the Income Tax Officer lacked pecuniary jurisdiction where the returned income exceeded the limit prescribed by CBDT Instruction No.1/2011. The additions on merits were not examined.
