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 : Chennai ITAT deleted the Section 69A addition on cash deposits, holding the assessee acted as a commission agent, while sustaining...
Income Tax : Chennai ITAT upheld deletion of a Section 69A addition, holding that cash withdrawals from the assessee's own bank account could n...
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 : 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 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.
ITAT Kolkata held that the Assessing Officer was required to refer the property valuation to the DVO when the assessee disputed the value under Section 50C(2). The assessment was remanded for fresh adjudication after complying with the statutory provision.
Tribunal observed that it is for the businessman to decide how to organise business finances unless there is evidence of tax evasion. It deleted the Section 68 addition after finding that the assessee had adequately explained the source of funds.
ITAT Delhi held that merely reflecting depreciation in an incorrect schedule of the income tax return could not justify an addition under Section 69. Following its earlier decision in the assessee’s own case, the Tribunal upheld deletion of the addition and dismissed the Revenue’s appeal.
Tribunal ruled that questions relating to loans and advances are matters for assessment proceedings and not sufficient grounds to reject renewal of registration. The CIT(E) was directed to reconsider the application.
The ITAT held that reassessment notices issued after the surviving limitation period prescribed by the Supreme Court were invalid. Consequently, the reassessment proceedings and assessment orders were quashed for lack of jurisdiction.
ITAT Chennai held that revision under Section 263 could not survive on the issue of prior period expenditure after the Assessing Officer verified and accepted the claim in the consequential assessment. The revision was sustained only on the remaining issues.
ITAT held that Accounting Standard-19 governs accounting treatment but does not determine tax treatment under the Income-tax Act. It ruled that depreciation belongs to the legal owner while lease rentals remain deductible for the lessee.
The ITAT Bangalore condoned a 252-day delay after finding that the assessees legal representatives had shown sufficient cause arising from illness, death and family disputes. It also held that the CIT(A) erred in dismissing the appeal without evaluating the delay condonation application and restored the matter for decision on merits.
