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 Pune deleted capital gains holding no transfer occurred under Sections 2(47)(v) or 2(47)(vi) as no possession or consideratio...
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 : 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...
CIT(A) wrongly rejected the assessee’s rectification petition under section 154 despite portal evidence. ITAT restored the appeal for fresh adjudication with full opportunity to submit evidence.
With all Section 68 additions deleted across the three years, the basis for penalties under Section 271(1)(c) disappeared. The Tribunal directed complete removal of penalties, highlighting that concealment cannot be presumed when additions themselves lack merit. The ruling reinforces the principle that penalty proceedings cannot survive defective assessments.
ITAT rules that an additional 54B claim omitted in the original return cannot be mechanically rejected. AO must examine the claim on merits, verifying capital gains utilisation and statutory conditions.
Tribunal invalidates reassessment where AO relied on incorrect data and PCIT granted mere Yes approval. Highlights importance of independent application of mind under Sections 147/148/151.
The Tribunal reduced commission estimations for sale/purchase and loan entries to 0.40% and 0.50%, excluding intra-group transactions. This ensures compliance with judicial precedents and prevents arbitrary income additions.
ITAT Kolkata struck down AO’s whimsical treatment of LTCG as bogus while simultaneously accepting STCG from the same shares. The Tribunal deleted the entire ₹53.24 lakh addition, noting both gains arose from identical transactions and evidence.
ITAT Ahmedabad set aside the ex-parte CIT(A) order confirming ₹36.3 lakh addition for advance rent. The matter was restored to AO for de-novo adjudication, and the assessee was granted full opportunity to present evidence, with a ₹5,000 cost imposed.
ITAT Ahmedabad set aside the ex-parte CIT(A) order where notices were sent to a wrong email ID, causing non-receipt by the assessee. The matter, including Sec.69A addition and denial of cross-examination, was remitted to CIT(A) for fresh adjudication on merits.
Tribunal directed AO to maintain uniformity among co-owners in computing capital gains. While circle rate under section 50C applies, the cost of acquisition should follow the previously accepted benchmark of ₹50,000 per bigha.
ITAT Ahmedabad held that speculative intraday trades are genuine and not accommodation entries. Additions under Section 68 totaling ₹1.25 crore and ₹1.53 lakh were deleted due to lack of foundational facts and proper inquiry.
