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ITAT Judgments

ITAT Judgment contain Income Tax related Judgments from Income Tax Appellate Tribunal Across India which includes ITAT Mumbai, Chennai, Delhi, Kolkutta, Hyderabad etc.

Latest Articles


ITAT Deletes Section 68 Addition Because Cash Deposits Were Supported by Recorded Sales

Income Tax : The Tribunal held that cash deposits during demonetisation cannot be treated as unexplained when backed by audited books, invoices...

May 15, 2026 282 Views 0 comment Print

ITAT Deletes Section 270A Penalty Due to Defective Notice and Bona Fide Reliance on Form 16

Income Tax : The Tribunal ruled that non-specification of the precise statutory charge under sections 270A(2) and 270A(9) violated principles o...

May 15, 2026 189 Views 0 comment Print

Fee-Based Receipts Cannot Defeat Charitable Status for Environmental Activities: ITAT Delhi

Income Tax : The Delhi ITAT held that institutions engaged in preservation of environment fall under a specific charitable limb under Section 2...

May 14, 2026 198 Views 0 comment Print

CIT(A) cannot enhance income on issues not examined by AO: ITAT Mumbai

Income Tax : The Tribunal held that CIT(A) cannot enhance income under Section 251 on matters not considered by the Assessing Officer during as...

May 10, 2026 531 Views 0 comment Print

Section 54F Deduction Cannot Be Denied Without Adequate Opportunity to Furnish Evidence

Income Tax : ITAT Bangalore restored the Section 54F claim after noting that medical issues and portal difficulties prevented timely filing of ...

May 7, 2026 492 Views 0 comment Print


Latest News


CAAS Moves Supreme Court on ITAT Vacancies

Income Tax : The issue concerns massive backlog in ITAT caused by unfilled positions and delayed appointments. The intervention highlights that...

April 18, 2026 396 Views 0 comment Print

Representation for enhancement of monetary limit for SMC cases before ITAT

Income Tax : A representation seeks doubling the SMC threshold due to inflation and higher dispute values. The key takeaway is that increasing ...

April 4, 2026 1008 Views 0 comment Print

Raj Kundra Gifted Shilpa Shetty ₹12.5 Crore. Now Tax Tribunal Wants to Know How

Income Tax : The tribunal held that a gift deed alone cannot establish legitimacy under Section 68. It directed fresh scrutiny of the donor’s...

March 20, 2026 1077 Views 0 comment Print

Income from Vessel Operations Taxable Under India-Norway DTAA: ITAT Delhi

Income Tax : Delhi ITAT allows Sanco Holding, a Norwegian company, to compute income from bareboat charter of seismic vessels under Article 21(...

October 17, 2025 780 Views 0 comment Print

ITAT Indore Hybrid Hearing Guidelines from October 9, 2023

Income Tax : Learn about hybrid hearing guidelines of Income Tax Appellate Tribunal (ITAT) Indore Bench, effective from October 9, 2023, offeri...

October 4, 2023 1506 Views 0 comment Print


Latest Judiciary


ITAT Deletes Bogus Purchase Addition as No Evidence Linked Assessee to Alleged Accommodation Entries

Income Tax : ITAT Ahmedabad held that reassessment under Section 147 was invalid as the Assessing Officer failed to show independent applicatio...

May 15, 2026 93 Views 0 comment Print

ITAT Deletes Demonetization Cash Deposit Addition as Sales Were Recorded in Books

Income Tax : ITAT Chandigarh held that cash deposits during demonetization could not be treated as unexplained income since the amounts were re...

May 15, 2026 90 Views 0 comment Print

ITAT Quashes Section 263 Revision as AO Conducted Detailed Inquiry into Agricultural Income

Income Tax : ITAT Rajkot held that revision under section 263 was not sustainable where the Assessing Officer had already conducted extensive v...

May 15, 2026 78 Views 0 comment Print

ITAT Grants Section 12AB Registration as Missing PAN Details Cannot Make Small Donations Non-Genuine

Income Tax : ITAT Nagpur held that nominal donations received in small amounts could not be treated as non-voluntary contributions merely becau...

May 15, 2026 72 Views 0 comment Print

No Section 56 Addition as Property Value Difference Was Within 10% Tolerance Band

Income Tax : ITAT Mumbai deleted the addition under Section 56(2)(vii)(b) after holding that a 2.3% variation between agreement value and stamp...

May 15, 2026 93 Views 0 comment Print


Latest Notifications


SOPs for sending notice to parties for hearing of cases before ITAT Bench

Income Tax : The ITAT Delhi has revised its hearing notice protocols. Physical notices will now be sent only once, with subsequent dates availa...

July 25, 2025 1164 Views 0 comment Print

ITO doesn’t have jurisdiction to issue notice to NRI: ITAT Chandigarh

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...

April 11, 2025 5808 Views 0 comment Print

Govt appoints Shri G. S. Pannu as President of ITAT

Income Tax : Central Government is pleased to appoint Shri G. S. Pannu, Vice-President of the Income Tax Appellate Tribunal, as President of th...

September 6, 2021 2166 Views 0 comment Print

Appointment as ITAT Member- Disparity with CAs

Income Tax : Ministry of Finance notified rules for appointment of members in various tribunals on 12.02.2020 in which practice of judicial and...

June 30, 2021 19944 Views 6 comments Print

Notice issued by officer having no jurisdiction of assessee is null & void

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...

February 3, 2021 9957 Views 0 comment Print


Trial Run Power Receipts Are Capital in Nature – ITAT Rejects Revenue’s Tax Claim

October 17, 2025 603 Views 0 comment Print

The ITAT ruled that receipts from the sale of power generated during the pre-commencement trial run of a plant are capital receipts, not taxable revenue income. This is because, under the matching principle, corresponding pre-operative expenses were capitalized to the fixed asset cost, justifying the deletion of the Rs. 42.56 crore tax addition.

Estimated Profit Penalty Deleted: Reason Why 271(1)(c) Cannot Apply to Estimated Income Additions

October 17, 2025 867 Views 0 comment Print

ITAT Mumbai allowed the appeal in Samir N. Shah Vs ITO, holding that penalty u/s 271(1)(c) for concealment or inaccurate particulars cannot be levied when the underlying income addition is made solely by estimating a gross profit rate on alleged bogus purchases, in the absence of concrete evidence like seized material or cash transactions.

Time-Barred Notice, No Evidence, MAT Higher – ITAT Quashes Reopening & Wipes Out ₹25 Cr Addition

October 17, 2025 351 Views 0 comment Print

The Tribunal voided the reassessment, citing multiple legal failures: it was time-barred under the new law, the AO failed to share mandatory material, and the condition under Section 149(1)(b) requiring a proven asset/expenditure was not met. The ruling provides strong takeaways on the validity of new reassessment provisions.

1994 Notification Prevails: Land Beyond 5 Km Is Agricultural- No Capital Gains

October 17, 2025 834 Views 0 comment Print

ITAT Delhi rules in Mahabir vs ITO that the 1994 CBDT notification defines agricultural land limits for capital gains tax. Subsequent municipal expansions are irrelevant. Land 6km from Sohna Municipality was deemed non-taxable.

ITAT Quashes 4 Years of Assessments: Mechanical Sanction and Vague Reasons Vitiate Jurisdiction

October 17, 2025 636 Views 0 comment Print

The Tribunal nullified four assessment years (AY 2013-14, 2014-15, 2018-19, 2021-22) due to serious legal defects, including unsigned/mechanical approvals and non-supply of mandatory sanction and underlying material. This ruling emphasizes that defective procedure is fatal to both reopening and regular assessment proceedings.

Paper Companies, Premium Shares & No Verification – ITAT Sends ₹5 Cr Back for Fresh Scrutiny

October 17, 2025 180 Views 0 comment Print

The Income Tax Appellate Tribunal {ITAT} Delhi set aside the CIT{A}’s order, remanding the addition of ₹5 crore under Section 68 back for fresh scrutiny. The issue revolves around Charan Renewable Energy Pvt. Ltd. receiving share capital at a high premium from 13 companies that the Assessing Officer (AO} suspected were paper companies due to unserved statutory notices.

No Incriminating Material, No 153A Additions: ITAT Quashes ₹2.71 Cr

October 17, 2025 306 Views 0 comment Print

The ITAT upheld the deletion of additions made under Section 153A for an unabated assessment year because the Assessing Officer relied solely on entries in the regular books of account. The ruling reaffirmed the Supreme Court’s mandate that no addition is permissible in completed (unabated) assessments without specific, incriminating material seized during the search.

ICDS Adjustment Beyond CPC Powers BUT PF/ESI Disallowance Valid in 143(1): Delhi ITAT

October 17, 2025 423 Views 0 comment Print

Delhi ITAT held that delayed employees’ PF/ESI contributions are disallowable even under section 143(1), citing Supreme Court in Checkmate Services. However, ICDS-based depreciation adjustments exceed CPC powers and were deleted.

When Own Funds Are Huge, Interest Disallowance Fails: ITAT Deletes ₹5.62 Cr Interest  

October 17, 2025 258 Views 0 comment Print

ITAT Delhi held that when an assessee’s own funds far exceed interest-free advances, no disallowance under Section 36(1)(iii) can be made. Interest addition of ₹5.62 crore was deleted, and 14A disallowance was limited to dividend-yielding investments.

Appeal must be filed before ITAT Bench having jurisdiction over AO

October 17, 2025 684 Views 0 comment Print

The ITAT Chennai Bench dismissed an appeal because the Assessing Officer (AO) was located in Hyderabad, violating Rule 4 which dictates ITAT jurisdiction is based on the AO’s office. The ruling affirmed the principle from the Supreme Court that appeals must be filed before the correct jurisdictional ITAT Bench, though it granted the taxpayer liberty to refile properly.

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