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 Bangalore deleted estimated gross profit addition, holding that accepted books of account could not justify estimation withou...
Income Tax : ITAT Hyderabad quashed reassessment as Section 148 notice lacked approval from the specified authority under Section 151(ii) for A...
Income Tax : ITAT Delhi restored a Section 44ADA addition to the AO for fresh examination after directing consideration of correct GSTR figures...
Income Tax : ITAT Pune reduced the gross profit addition by applying a 2% GP rate after considering past scrutiny records and comparable sister...
Income Tax : ITAT Delhi upheld deletion of a Section 56(2)(x) addition after finding the AO did not establish that repayment of the corporate l...
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 appeals were dismissed solely due to delay without examining merits. The Tribunal held that substantive justice requires condonation, though costs may be imposed for repeated defaults.
The issue was whether entire cash deposits could be added as unexplained despite income being declared under section 44AD. The Tribunal held that presumptive taxation shields routine business deposits, though a reasonable lump-sum addition was justified where receipts were partly unsubstantiated.
The case revolved around treating bank deposits as unexplained income without following the statutory mandate of rejecting books of account. The Tribunal reaffirmed that compliance with section 145(3) is mandatory before estimation, and granted full relief to the assessee.
The Tribunal condoned an 893-day delay citing genuine medical reasons and decided the appeal on merits. It held that cash deposits arising from business receipts cannot be split arbitrarily and must be assessed through reasonable profit estimation.
This case dealt with an addition confirmed without adequate opportunity of hearing. The Tribunal held that passing an order without considering filed replies is unsustainable, and directed a de novo assessment.
The ITAT held that reassessment was invalid where notices and orders showed shifting facts and no independent reasoning. Changing bases across stages reflected a casual approach that vitiated jurisdiction.
The issue was whether interest received on enhanced compensation for compulsory land acquisition is exempt from tax. The Tribunal held that after the 2010 amendment, such interest is taxable as income from other sources, not exempt under section 10(37).
The issue was whether reassessment and LTCG addition could rest solely on INSIGHT portal information. The ITAT held that without independent enquiry or corroborative material, such inputs cannot sustain reopening or additions. The key takeaway is that suspicion can-not substitute evidence.
The Tribunal considered reliance on investigation wing inputs alleging non-genuine entities. It ruled that adverse material must be shared with the assessee and corroborated through proper enquiry before sustaining additions.
The issue was whether partners’ capital contributions could be taxed as unexplained cash credits in the firm’s hands. The ITAT ruled that once partners are identified and capital intro-duction is proved, section 68 cannot be applied to the firm.
