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...
ITAT quashed a reassessment under section 147 as the AO failed to issue the mandatory notice under section 143(2), rendering the assessment legally invalid.
The ITAT Hyderabad held that section 144C cannot override outer time limits under section 153. Assessments passed beyond statutory deadlines are void, reinforcing strict compliance with limitation periods.
Tribunal held that commission could not be treated as bogus where the recipient company’s existence was established through income tax returns, refunds, and official records, leading to deletion of the disallowance.
The Tribunal ruled that cash seized and previously taxed in the brother’s assessment cannot be taxed again in the assessee’s hands, remanding the issue to the AO for verification.
The Tribunal held that legal control under a JDA constitutes transfer for capital gains purposes. The assessee must provide acquisition cost details for recomputation.
The ITAT restored the case for fresh adjudication, noting that the assessee filed a return showing a loss and was not given proper opportunity to be heard before dismissal of appeal.
ITAT Pune ruled that Section 5A overrides Rule 37BA, granting full TDS credit of ₹45.28 lakh to a Goa resident whose wife did not claim her share, rejecting CPC’s proportionate restriction
Rakesh Kumar Pandey Vs ACIT (ITAT Lucknow) 7% Is Reasonable, 11% Is Wishful: ITAT Reins in Profit Estimation in Contractor’s Case- When Books Are Estimated, Disallowances Die: ITAT’s Clean Sweep in Search Assessment- Search Confession Can’t Rewrite Past: ITAT Caps NP at 7% & Deletes Pre-Search Additions Issue 1: Estimation of Net Profit after Search […]
ITAT Kolkata dismissed Rs. 6.52 crore addition under section 68, holding that cash deposits were substantiated by audited books and AO failed to reject accounts or prove them unexplained.
The CIT(Exemption) canceled 80G approval as the trust did not submit audit reports, expenditure proof, and bank statements. The tribunal remitted the case for fresh consideration with opportunity to comply.