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...
Tribunal held that AY 2010–11 was beyond the statutory 10-year window, making the 153A assessment invalid. Time-barred years cannot be revived under extended search assessments.
Tribunal held that ownership records alone cannot justify agricultural income; absence of Khasra and produce-sale evidence required remand. Cultivation must be proved with proper documentation.
ITAT remanded assessment where substantial 69A addition was made without giving the assessee a chance to present his case. Procedural fairness is critical, even in non-filing scenarios.
The Tribunal held that reimbursement of foreign exchange loss on external commercial borrowing cannot be taxed under section 28(iv) as it is capital in nature, avoiding double taxation.
The ITAT held that the AO could not deny TDR cost in both AY 2018–19 and AY 2020–21, directing allowance of the deduction. Authorities cannot blow hot and cold on the same issue across years.
Tribunal holds that selling goods below cost does not create marketing intangibles and cannot be capitalised as brand-building expenditure. ESOP reimbursements are reaffirmed as allowable business expenses without TDS.
ITAT Delhi set aside reassessment because notices under Sections 148, 148A(b), and 148A(d) lacked digital or manual signatures. Procedural lapses can invalidate reassessments entirely.
The appellate orders for AY 2012-13 & 2013-14 were set aside as the deceased assessee was not heard. The legal heir is now allowed to present documents and have the appeal adjudicated afresh.
Tribunal held that identity, creditworthiness, and genuineness of shareholders were proven through documents filed before AO and CIT(A). Since authorities ignored valid evidence, the section 68 addition was deleted.
An addition of ₹1 crore under section 68 was challenged on the ground that the assessee had no opportunity to produce supporting documents. The matter was remanded to the AO for de novo assessment, keeping all contentions open.
