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...
The dispute concerned taxation of land sale as capital gains despite claims that it was agricultural land beyond municipal limits. The Tribunal held that rejecting the claim without examining evidence was improper and remanded the matter for fresh adjudication.
ITAT held that refusal to admit evidence due to factory sealing and death of the assessee was unjustified and ordered fresh assessment after proper verification.
ITAT held that issuing a draft notice with under 24 hours to reply violated natural justice. The assessment and appellate orders were quashed, and the matter was remanded for fresh adjudication with fair opportunity.
ITAT found that the Assessing Officer failed to examine bank statements and supporting documents explaining cash deposits. The issue was restored for fresh verification with due opportunity to the assessee.
The Tribunal ruled that absence of formal registers or third-party bills does not automatically make expenses bogus. Additions based purely on estimates, without proof of inflation, are arbitrary and unsustainable.
The Tribunal ruled that additions based solely on third-party statements are invalid when cross-examination is denied. Reliance on investigation reports without independent inquiry violates principles of natural justice.
The issue was whether Section 263 could be invoked despite adequate verification by the AO. The Tribunal ruled that a plausible, evidence-based view cannot be revised merely due to a differing opinion.
Mumbai ITAT ruled that expenses covered by a binding APA cannot be revisited under section 37 on a “need or benefit” test. Reopening settled transfer pricing issues would defeat the statutory purpose of APA.
The ITAT upheld deletion of Section 68 additions where identity, creditworthiness, and genuineness of unsecured loans were proved through confirmations, ITRs, and bank statements. Once the AO raised no adverse findings in remand proceedings, the additions could not survive.
The Tribunal clarified that revisionary jurisdiction presupposes a valid assessment order. Where Section 153C itself is time-barred, Section 263 has no application.
