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 : Bangalore ITAT remanded FD interest addition, directing verification of fund ownership and held Form 26AS alone is not determinati...
Income Tax : Bangalore ITAT held entire alleged bogus purchases cannot be added where sales are accepted, restricting the addition to 1.15% pro...
Income Tax : Bangalore ITAT held TP adjustments apply only to international AE transactions and upheld verified capacity, working capital and o...
Income Tax : ITAT Delhi reduced the Section 69A addition to ₹5 lakh, holding the cash deposits were substantially supported by withdrawals an...
Income Tax : ITAT Delhi condoned delay under Section 249(3) and remanded the appeals after finding breach of natural justice in dismissal witho...
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...
ITAT Hyderabad held that deduction claimed under section 43B of the Income Tax Act supported by necessary documentary evidences is allowable. Accordingly, deduction allowed to the extent relevant evidences are furnished.
The case addressed a Rs.605 Cr addition under Section 68 for alleged bogus sales, where the AO didn’t reject the books. The ITAT remanded the matter, directing the AO to recompute income by applying the average three-year Gross Profit rate on sales, establishing that entire sales cannot be taxed as unexplained credits when books aren’t rejected.
ITAT Mumbai held that reopening of assessment under section 147 of the Income Tax Act on the basis of third party statement substantiated with tangible material is justifiable. Accordingly, matter restored back to CIT(A) with liberty to assessee to place supporting documents explaining source of cash deposits.
ITAT Lucknow held that cash deposits during demonetization period cannot be treated as unexplained credit since the same is made out of cash sales. Accordingly, addition merely on suspicion, doubt, conjecture and guess work cannot be sustained.
ITAT Mumbai held that capital gains cannot be treated as unaccounted income under section 68 of the Income Tax Act since AO nowhere proved that assessee himself was involved in price rigging of any of the scrips. Accordingly, appeal of assessee stands allowed.
ITAT quashes an income tax addition for cash deposits, ruling that a detailed documentary trail explaining the source for visa purposes cannot be dismissed solely by a third party’s denial.
ITAT ruled that interest on loans cannot be disallowed when the AO accepts the loan principal is genuine by dropping an addition proposed under Section 68 of the Act. which deleted a Rs 3 lakh interest disallowance after the tax officer admitted the underlying loans were genuine.
ITAT Delhi quashed a reassessment, ruling that jurisdictional AO lacked authority to issue a Section 148 notice after CBDT notification assigned exclusive power to NFAC under Section 151A. The key takeaway is that post-March 29, 2022, only NFAC can validly initiate reassessment proceedings under faceless regime.
ITAT Mumbai deleted a ₹5.10 crore addition made under Section 69A for cash deposits during demonetisation, holding that once sales are recorded, audited, and taxed, further additions based on suspicion or third-party denials are unjustified.
ITAT Mumbai allowed a Rs.109.73 Cr relief, ruling that payments for centralized support services like HR and IT are not taxable as FTS or Royalty under India-Belgium DTAA. court held that these routine corporate activities lacked element of transferring technical knowledge or expertise.
