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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


India’s MLI Problem: Ratified, But Not Notified

Income Tax : Article examines whether the MLI Principal Purpose Test has domestic effect under Section 90(1) following Nestlé SA and Sky High ...

July 10, 2026 249 Views 0 comment Print

Ignoring Notices at AO and CIT(A) Stages Can Ruin Direct Tax Cases

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...

July 4, 2026 444 Views 0 comment Print

Section 54 Exemption Must Be Computed Asset-Wise as Each House Transfer Is a Separate Source of Capital Gain: ITAT Bangalore

Income Tax : ITAT held that Section 54 exemption must be examined separately for each residential house sold. Aggregating gains from multiple t...

July 2, 2026 246 Views 0 comment Print

Section 11 Exemption Cannot Be Denied as Form 10B Was Filed Before Return Processing: ITAT Jaipur

Income Tax : ITAT held that delayed filing of Form 10B cannot defeat Section 11 exemption if the audit report is available before processing un...

July 2, 2026 162 Views 0 comment Print

ITAT Deletes On-Money Addition as Unsigned Agreement & Third-Party Records Lacked Evidence

Income Tax : Smt. Ranjana Kumari/Kalta Vs DCIT/ACIT (Central) (ITAT Chandigarh) The appeals involved three assessees belonging to the Kalta Gro...

June 30, 2026 372 Views 0 comment Print


Latest News


Section 2(47)(v) Capital Gains Deleted as Section 53A Conditions Not Satisfied: ITAT Bangalore

Income Tax : ITAT Bangalore held Section 2(47)(v) inapplicable as the JDA did not satisfy Section 53A conditions, deleting capital gains for AY...

July 11, 2026 234 Views 0 comment Print

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 678 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 1410 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 1308 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 903 Views 0 comment Print


Latest Judiciary


Section 143(2) Assessment Quashed for Notice Issued by Officer Without Jurisdiction: ITAT Delhi

Income Tax : ITAT Delhi quashed the assessment after holding that the Section 143(2) notice was issued by an Assessing Officer lacking jurisdic...

July 14, 2026 Views 0 comment Print

Section 148 Reassessment Quashed as ₹50 Lakh Threshold Not Met for Same Transaction: ITAT Delhi

Income Tax : ITAT Delhi quashed Section 148 reassessment as separate transactions could not be aggregated to meet the ₹50 lakh threshold unde...

July 14, 2026 12 Views 0 comment Print

No Capital Gains Without Transfer Under Development Agreement: ITAT Pune

Income Tax : ITAT Pune deleted capital gains holding no transfer occurred under Sections 2(47)(v) or 2(47)(vi) as no possession or consideratio...

July 14, 2026 51 Views 0 comment Print

Gross Profit Cannot Be Estimated Without Rejecting Books: Bangalore ITAT

Income Tax : ITAT Bangalore deleted estimated gross profit addition, holding that accepted books of account could not justify estimation withou...

July 14, 2026 132 Views 0 comment Print

Section 148 Notice Quashed for Lack of Section 151(ii) Approval: Hyderabad ITAT

Income Tax : ITAT Hyderabad quashed reassessment as Section 148 notice lacked approval from the specified authority under Section 151(ii) for A...

July 14, 2026 105 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 1332 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 5979 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 2274 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 20187 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 10056 Views 0 comment Print


ITAT Deletes Addition for Ignoring Allotment Letter and Early Payment

November 29, 2025 288 Views 0 comment Print

The Tribunal held that stamp duty value must be taken as on the year of agreement when part consideration is paid through banking channels. Since the buyer paid in 2011 and received allotment in 2012, adopting 2017 stamp value was invalid. The ruling reaffirms strict application of the proviso to section 56(2)(vii)(b).

Furniture & Fixtures Count as Cost of Improvement for LTCG

November 29, 2025 585 Views 0 comment Print

ITAT Delhi held that essential house fixtures like cupboards, modular kitchen, and beds are integral to habitability and can be included in the cost of improvement. AO was directed to allow Rs. 3.50 lakh claimed in long-term capital gains computation.

Section 148 Reassessment Cannot Be Initiated Against Deceased ITAT Delhi

November 29, 2025 762 Views 0 comment Print

The ITAT held that reassessment notices under section 148 issued to a deceased person are invalid, emphasizing that such notices cannot confer jurisdiction and proceedings are void ab initio.

Delivery Order Income Held “Directly Connected” to Air Transport, Exempt Under Article 8 UK DTAA

November 29, 2025 417 Views 0 comment Print

The Tribunal held that delivery order charges are directly connected to air-cargo transportation and fall within Article 8 of the India–UK DTAA. The ruling confirms such receipts form part of international traffic income and are not taxable in India.

Additional Evidence Leads to Remand of Section 54F Farmhouse Dispute

November 29, 2025 573 Views 0 comment Print

Tribunal allowed assessee’s application to file additional evidence proving residential nature of the property. AO is directed to re-evaluate the claim afresh, granting opportunity for hearing and considering all relevant materials and case laws.

Incentives for Market Expansion Are Capital, Not Income u/s 2(24)(xviii)

November 29, 2025 546 Views 0 comment Print

Tribunal held that MEIS/MLFPS rewards are capital receipts, not income under sections 2(24)(xviii) or 28. The ruling confirms that export-linked duty scrip sales are non-taxable when meant for market expansion.

CIT(A) Cannot Decide on Merits Without Condoning Delay – Delhi ITAT Sets Aside Order

November 29, 2025 300 Views 0 comment Print

Delhi ITAT sets aside CIT(A) order for hearing merits despite refusing to condone an eight-month delay, highlighting the need for proper legal procedure and natural justice.

Old Lady’s Inability Leads to Ex-Parte Orders – ITAT Restores Cash Deposit Case for Fresh Assessment

November 29, 2025 276 Views 0 comment Print

Tribunal held that additions made solely on ex-parte proceedings cannot stand when the taxpayer was unable to comply due to age-related limitations. The case was remanded for fresh assessment with a direction to provide proper opportunity.

Reassessment Quashed for Issuing Section 148 Notice Beyond “Surviving Period”

November 29, 2025 474 Views 0 comment Print

The ITAT annulled the entire reassessment because the Section 148 notice was issued after the Supreme Court–mandated surviving-period cutoff. The ruling confirms that any notice beyond this timeline is void ab initio.

ITAT Strikes Down 153C Order for Copy-Paste Satisfaction Without Application of Mind

November 29, 2025 672 Views 0 comment Print

The ITAT ruled that a vague, copy-paste satisfaction note cannot confer valid jurisdiction under Section 153C. Since no specific seized documents were identified, the entire assessment was struck down.

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