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 Tribunal held that the reassessment was invalid because the Income Tax Officer lacked jurisdiction under CBDT Instruction No. 1/2011. The assessment was quashed, making examination of the additions unnecessary.
The ITAT held that depreciation on goodwill arising from amalgamation could not be disallowed in subsequent years after it had been accepted in the initial assessment. The Tribunal also dismissed the Revenue’s appeal on CSR deduction under Section 80G.
The Tribunal held that the delay in filing the application for regular registration under Section 80G deserved to be condoned due to sufficient cause. The matter was remanded for consideration on merits instead of being rejected solely on limitation.
The Tribunal held that an unsigned loose paper containing only jottings could not justify an addition without corroborative evidence. The addition of alleged interest income was therefore deleted.
The ITAT Ahmedabad upheld the disallowance of employees’ PF/ESI contributions deposited beyond the due dates prescribed under the respective Acts. Following binding Supreme Court and Gujarat High Court precedents, the Tribunal held that payment before filing the income tax return does not cure the delay, while remanding the Form 26AS mismatch issue for fresh verification.
Tribunal held that allegations relating to client code modification did not justify adding the entire purchase value under Section 68 in the facts of the case. Following its earlier decision, it upheld taxation only of the profit embedded in the transactions.
ITAT Delhi held that an assessment framed after an approved merger in the name of the amalgamating company was without jurisdiction. The assessment order and DRP directions were set aside because the company had ceased to exist.
ITAT Mumbai allowed deduction of ESOP expenses under Section 37(1) by following Karnataka High Court’s ruling in Biocon Ltd. Tribunal directed Assessing Officer to allow expenditure for relevant assessment year
The ITAT Pune upheld the deletion of an addition made by extrapolating a small unreconciled difference in Form 26AS to the entire year’s receipts. It held that the Assessing Officer’s approach ignored the revised reconciliation and could not form the basis for estimating undisclosed income.
ITAT Ahmedabad held that WhatsApp chats indicating suppressed production for one month could not be extrapolated to the entire financial year without corroborative material. The Tribunal restricted the addition to the profit element for a three-month period.
