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...
in a colourful observation, the Tribunal compared Juniper’s interlinked trading and service activities to the egg-or-chicken story, holding entity-level TNMM appropriate and deleting the TP addition.
ITAT Delhi set aside a non-speaking order by CIT(A) in a ₹34.82 lakh bogus purchase case, directing de novo adjudication and allowing cross-examination on alleged accommodation entries.
ITAT Delhi sustained reopening under Section 147 but upheld CIT(A)’s deletion of every addition—covering commission income, travel expenses, rent, and salaries—after finding all claims duly supported by records. Revenue’s appeal was dismissed in full.
The Tribunal held that the expenditure on acquiring 3G spectrum created an intangible asset, allowing the assessee to claim depreciation u/s 32 of the Act. This crucial finding confirms the asset’s depreciable nature for AY 2012-13, preventing its amortization under later or inapplicable tax code sections.
The Kolkata Income Tax Appellate Tribunal (ITAT) remanded the Section 14A disallowance made on Srivaru Agro Pvt. Ltd. The Tribunal directed the Commissioner of Income Tax (Appeals {CIT (A))to verify the availability of the company’s own interest-free funds vis-à-vis investments and the reasonableness of administrative expenses, relying on the Supreme Court’s ruling in South Indian Bank Ltd.
In a search assessment dispute, the ITAT Delhi struck down an addition of cash payments, concluding that the diary entries used as evidence were rough, unsigned jottings with no established link to the taxpayer’s finances beyond speculation. The entire addition was deleted as the diary lacked legal evidentiary value.
Delhi ITAT dismissed Revenue’s appeal, upholding deletion of a Rs.19.18 crore protective addition against an alleged entry operator. Ruling affirmed that since AO accepted assessee as a commission agent, only estimated commission income, and not entire turnover, was taxable in agent’s hands.
ITAT Delhi dismissed Revenue’s appeal for AY 2017-18, confirming CIT(A)/NFAC’s deletion of disallowances on fixed deposit interest, bad debts, software expenses, inter-office adjustments, and depreciation on investments. Tribunal relied on consistent precedents, RBI/ICDS guidelines, and prior assessments to uphold the bank’s claims.
The Tribunal set aside the PCIT’s revision of a scrutiny assessment, ruling the action invalid because the Assessing Officer’s view on critical items like creditors and PF/ESI payments was already plausible and reasoned. Introducing new issues not covered in the show-cause notice constituted an exercise of jurisdiction beyond the permissible scope of Section 263.
This case clarifies that eligibility for the Section 80-IA deduction must be verified project-by-project, irrespective of a taxpayer’s status in a previous year. The Tribunal held that only projects previously approved by the Settlement Commission are eligible, requiring fresh scrutiny for all new or unverified contracts.
