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 Delhi quashed the assessment after holding that the Section 143(2) notice was issued by an Assessing Officer lacking jurisdic...
Income Tax : ITAT Delhi quashed Section 148 reassessment as separate transactions could not be aggregated to meet the ₹50 lakh threshold unde...
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 : 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...
The ITAT Kolkata allowed a trusts appeal, ruling its anonymous donations were not taxable under Section 115BBC after the trust demonstrated its objects included both religious and charitable purposes via an amended deed. The ruling overturned lower authority additions that had incorrectly classified the trust as purely charitable.
The Income Tax Appellate Tribunal (ITAT) deleted a ₹22.21 lakh penalty under Section 271AAB, ruling that the show-cause notice was defective for not specifying the charge. The Tribunal also held that mere stock valuation differences and an already offered cash investment do not qualify as “undisclosed income” under the section’s strict definition.
The Tribunal held that the AO’s mechanical application of Rule 8D without specific satisfaction was invalid. Since no new investments were made and own funds exceeded investments, disallowance was deleted.
The ITAT Delhi deleted the TDS demand under Section 194-I, confirming that the obligation to deduct tax on lease rent paid to NOIDA Authority applies prospectively from 16.02.2017. Following Supreme Court precedents, the Tribunal ruled the real estate firm was not an assessee-in-default for payments made in FY 2011-12.
The ITAT Kolkata restored Section 12A registration and Section 11 exemption to the Chamber of Commerce, holding that its objects and activities are charitable in nature, similar to the Indian Chamber of Commerce. The Tribunal applied the rule of consistency, noting the Chamber’s registration was already granted for subsequent assessment years.
The ITAT Kolkata ruled that no disallowance under Section 14A read with Rule 8D can be made if the taxpayer did not earn any exempt income during the relevant financial year. The Tribunal fully allowed the appeal, reiterating the established legal position against mechanical disallowance when there is no dividend or tax-free income.
The ITAT Delhi dismissed the Revenue’s appeal, confirming that the reassessment proceedings initiated in the name of the erstwhile amalgamating company were void ab initio. The Tribunal ruled that since the amalgamation was duly communicated to the Assessing Officer before the assessment, the notice issued to the non-existent entity was invalid in law.
The ITAT Pune condoned a 100-day delay in filing the tax appeal, citing reasonable cause due to the taxpayer’s reliance on professional advice and relocation. Adopting a justice-oriented approach, the Tribunal allowed the appeal to be heard on its merits, reinforcing the principle that substantive justice prevails over procedural lapses.
The ITAT struck down the additions, observing that the AO’s jurisdiction was potentially vitiated by a mechanical, consolidated approval for reopening, and the additions themselves relied solely on an uncorroborated statement and rough papers. The ruling confirms that unverified, rough documents lack sufficient evidentiary value to sustain income additions.
The ITAT Ahmedabad deleted a Rs.7.46 lakh disallowance of employees’ PF contribution, ruling that payment made on the next working day is timely when the statutory due date falls on a Sunday. The ruling applied Section 10 of the General Clauses Act, confirming that the delay was valid and unavoidable.
