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 50C addition, holding an unregistered agreement to sell does not bar the proviso where considerat...
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 : 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 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.
The ITAT Delhi held that the Transfer Pricing Officer could not arbitrarily determine the arm’s length price of management services at nil despite evidence establishing receipt of services. The Tribunal restored the assessees TNMM-based benchmarking by following its earlier decision.
The ITAT held that the assessment was invalid because it was completed by an Income Tax Officer who lacked pecuniary jurisdiction under CBDT Instruction No. 1/2011. The assessment was quashed without examining the additions on merits.
The ITAT Surat held that cash deposited during demonetisation was sufficiently explained through opening cash-in-hand, prior bank withdrawals, and cash received from the deceased husband. It ruled that Section 69A addition could not be sustained merely on assumptions about human conduct.
The ITAT Ranchi held that a retired non-government employee was entitled to exemption under Section 10(10AA)(ii) for the entire leave encashment amount in view of CBDT Notification No. 31/2023. The Tribunal also condoned the delay in filing the appeal and allowed the claim.
The ITAT Bangalore held that interest earned on compulsory statutory deposits made under the Karnataka Souharda Sahakari Act constitutes business income eligible for deduction under Section 80P(2)(a)(i). It set aside the orders denying the deduction.
ITAT Ahmedabad held that an addition under Section 68 cannot be sustained solely on information received from the Investigation Wing without independent enquiry or supporting evidence. The Tribunal upheld deletion of the addition after finding no direct link between the assessee and the alleged accommodation entries.
The ITAT Ahmedabad held that the assessee was entitled to deduction under Section 54B after the Assessing Officer, in a remand report, verified that the land was used for agricultural purposes. The Tribunal ruled that the CIT(A) could not disregard those findings without contrary evidence.
The ITAT Hyderabad held that the entire sale consideration could not be assessed as short-term capital gains without examining the cost of acquisition and improvement. It remanded the matter to the Assessing Officer for fresh adjudication after considering the available records.
The ITAT Hyderabad accepted the assessee’s explanation that supporting documents could not be produced because the accountant was unavailable due to his son’s serious illness. It admitted the additional evidence and remanded the matter for fresh assessment.
