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 : 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 : ITAT Ahmedabad quashed Section 263 revision, holding deduction for contribution to an approved LIC gratuity fund was not restricte...
Income Tax : ITAT Pune restored Section 147 reassessment, holding Section 153C was inapplicable as seized material did not directly pertain or ...
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 Delhi held that an assessment order passed through e-Proceedings must be digitally signed as required by CBDT Instruction No. 1/2018. Since the order was manually signed without any prescribed exception, it was quashed.
The ITAT Mumbai held that the final assessment order was passed beyond the mandatory timeline prescribed under Section 144C(13) after receipt of the DRP’s directions. It declared the assessment void ab initio and allowed the assessee’s appeal.
The ITAT Delhi held that the final assessment order was time-barred as it was passed beyond the mandatory period prescribed under Section 144C(13). The Tribunal ruled that internal departmental communications could not extend the statutory limitation and quashed the assessment.
The ITAT held that payments made to directors represented arranger fees and not prohibited sub-brokerage under SEBI Regulations. It deleted the entire disallowance under Section 37(1), finding no violation of law.
The Tribunal held that compensation received under BSNL VRS-2019 qualifies for exemption under Section 10(10B) of the Income-tax Act. It directed the Assessing Officer to recompute the taxable income and issue the refund due to the assessee.
The Tribunal ruled that an Investigation Wing report alone cannot justify an addition under Section 68 without independent verification by the Assessing Officer. It upheld the genuineness of the share transactions based on documentary evidence produced by the assessee.
The ITAT held that the Assessing Officer was not justified in sustaining the addition once the assessee substantiated the source of the cash deposited. The Tribunal accepted the documentary evidence and deleted the addition under Section 69A.
The Tribunal ruled that ignoring the assessees additional evidence, including the registered valuers report, vitiated the appellate proceedings. It restored the issue to the Assessing Officer for a de novo assessment in accordance with law.
The Tribunal ruled that loss of an old Section 12A registration certificate is only a procedural deficiency and cannot by itself justify rejection of a Section 12AB application. The matter was remanded for verification of departmental records.
The ITAT observed that registration undertaken solely to satisfy a banks mortgage requirement cannot automatically attract tax under Section 56(2)(x). It restored the matter for fresh examination of the true nature of the transaction.
