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 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 : ITAT Delhi dismissed the Revenue’s appeal, upholding deletion of Section 68 and Section 69C additions as loans were supported by...
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 Pune ITAT refused to condone a 661-day delay in filing an appeal against rejection of Section 12AB registration. It held that vague explanations regarding a tax consultant and wrong email address, without supporting evidence, did not constitute sufficient cause.
The Pune ITAT deleted a ₹10 lakh addition after finding no reliable evidence that the assessee paid cash while purchasing a flat. It held that payments made through banking channels cannot be disregarded merely on the basis of unsubstantiated allegations.
The Tribunal distinguished between lack of enquiry and inadequate enquiry, holding that Section 263 cannot be invoked merely because the PCIT desired further verification. Since the AO had examined the evidence, the revisionary order was quashed.
The Tribunal ruled that rejection of Section 12AB registration merely because no expenditure was reflected in the financial statements was unsustainable without examining the trust’s actual activities. Fresh adjudication was directed after proper verification.
The ITAT found that the Assessing Officer failed to establish any specific infirmity in the assessee’s business expenditure before making a 10% ad hoc disallowance. The Tribunal therefore upheld the CIT(A)’s order deleting the addition.
The Tribunal held that only the profit element embedded in the disputed purchases could be taxed and affirmed a 2% estimation based on binding precedents in the assessee’s own earlier assessment years. The Revenue’s challenge to the reduced rate was rejected.
The ITAT held that where transactions with the Indian associated enterprise are at arm’s length, additional profit attribution to the alleged permanent establishment is unwarranted. The Tribunal therefore deleted the income attributed by the Assessing Officer.
The Tribunal ruled that application software purchased independently from computer hardware is still covered under the specific depreciation entry for computer software. The Assessing Officer was directed to allow depreciation at 60% instead of 25%.
The Tribunal ruled that a clerical mistake in the DRP’s order could not justify sustaining a ₹10 lakh addition. It held that the Assessing Officer should have implemented the DRP’s directions in substance and deleted the entire addition.
The ITAT Mumbai held that reassessment proceedings initiated on the basis of information arising from a search in the case of a third party fell within the exceptions to Section 148A. It ruled that issuance of a notice under Section 148A was without authority of law and could not confer jurisdiction. The reassessment was accordingly quashed.
