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 Hyderabad remanded the Section 271(1)(c) penalty appeal after finding the quantum appeal was still pending before the CIT(A)....
Income Tax : ITAT Delhi deleted the Section 68 addition after holding that cash deposits during demonetisation were explained from books and th...
Income Tax : ITAT Hyderabad upheld the excess cash addition and Section 153D approval, while remanding the stock shortage addition for fresh ex...
Income Tax : ITAT Hyderabad deleted a Section 69 addition after finding the mother's identity, funds and gift confirmation established the sour...
Income Tax : Chennai ITAT deleted the Section 271D penalty, holding temporary cash received to demonstrate visa funds was not a loan attracting...
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...
ITAT Hyderabad held that the final assessment order passed by the A.O. u/s. 143(3) r.w.s. 144C(13) r.w.s. 144B dated 06.06.2024 beyond the limitation prescribed under Section 153(4) of the Income-tax Act, 1961 is liable to be quashed. Accordingly, the appeal is allowed.
ITAT Hyderabad held that matter of TP adjustment of purchase of raw materials, assembling parts and sale of goods, and interest on trade receivables is remanded back since there are clear mistakes in computation of margins of comparables.
The Tribunal held that reassessment proceedings fail when the foundational assumption behind reopening is factually incorrect. It ruled that “reasons to believe” must exist in reality at the time of recording, failing which the entire reassessment becomes void ab initio.
The Tribunal ruled that additions for alleged cash payments cannot survive when based solely on third-party statements and unverified electronic data. Absence of corroboration and denial of cross-examination violated principles of natural justice.
The issue was whether a reassessment could survive when reasons were recorded after issuing notice. The Tribunal held the reopening invalid as the Assessing Officer lacked prior satisfaction, rendering the entire proceedings void.
The issue was whether a holding company with no operating revenue could claim business expenses. The Tribunal held that making strategic investments to control subsidiaries is itself a business activity, allowing expenses and loss set-off.
Delhi ITAT held that issuing notice under section 148 before recording reasons and obtaining approval is a fatal jurisdictional defect. Reassessment initiated without prior satisfaction was declared void ab initio.
The Tribunal ruled that interest on fixed deposits is not taxable when earned by a State instrumentality. Since it was assessed as “income from other sources,” the trade-or-business exception under Article 289(2) did not apply.
Kolkata ITAT held that mere suspicion or self-made vouchers cannot justify ad-hoc disallowance of business expenses. Without evidence that expenditure was illegal or prohibited, Section 37 disallowance cannot survive.
The Tribunal ruled that third-party statements cannot be relied upon unless furnished and tested through cross-examination. Natural justice overrides suspicion in section 68 proceedings.
