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...
The ITAT granted complete relief, holding that the date of allotment of the new industrial plot, not the date of registration, is the relevant date of purchase for the Section 54G capital gains exemption. Furthermore, the court confirmed that the transfer of industrial property from Delhi (Urban) to Ghaziabad (Non-Urban) qualified for the full shifting exemption.
This landmark ITAT Delhi decision clarifies the scope of Fees for Technical Services, stating that routine repair and replacement work, even with incidental installation by a foreign vendor, does not meet the FTS criteria. The Tribunal deleted the consequential TDS demand, emphasizing that the payment was for commercial profit, supported by precedents on routine maintenance.
Hyderabad ITAT dismissed an appeal, holding that a construction company couldn’t use the Section 153A assessment process, triggered by a search, to claim a Section 80-IA deduction it had omitted in its original return. Following the Supreme Court’s Shelly Products ratio, the Tribunal affirmed that the assessed income cannot be less than the income originally returned when the assessment was complete.
The ITAT Hyderabad ruled that an appeal cannot be dismissed merely because the assessment was framed under an old PAN and the appeal filed under a new, active PAN. The Tribunal set aside the CIT(A)’s order and remanded the case to the AO to verify the source of cash deposits of Rs. 85.31 lakh, allowing the assessee to prove the amounts were already accounted for as business receipts.
The central issue was the correct depreciation rate for the HP Indigo Digital Press. ITAT Mumbai ruled the printer is an integral part of a computer system due to its reliance on interface and proprietary software, thus allowing the higher 60% depreciation rate. This ruling confirms that machines functionally dependent on a computer system qualify for the higher depreciation applicable to ‘computers’.
The core issue was the denial of Foreign Tax Credit (FTC) due to two contradictory CIT(A) orders, one of which cited the late filing of Form 67. The ITAT ruled that since Form 67 was filed before the end of the Assessment Year as per the amended Rule 128(9), the assessee is entitled to the FTC. This decision confirms the extended time limit for filing Form 67 and upholds the principle that one appellate authority cannot overrule a final order of another appellate authority for the same year.
The issue was the summary dismissal of the taxpayer’s appeal by the CIT(A) for non-compliance, despite giving only a one-day notice for hearing and a timely adjournment request. The ITAT ruled that dismissing the appeal without granting reasonable time violated the principle of natural justice. The Tribunal set aside the order and remanded the matter back, emphasizing the requirement for adequate opportunity of hearing in appellate proceedings.
The case challenged the sustained addition of purchases solely because the supplier, though having active ITC, failed to respond to a tax notice or was inactive on the GST portal. The Tribunal ruled the entire addition unsustainable, noting the purchases were supported by bank payments, invoices, and stock records. The key takeaway is that the non-cooperation of a supplier or an inactive GST status alone is not sufficient to treat purchases as unexplained expenditure.
ITAT Delhi ruled that the sale of cybersecurity software does not constitute rendering of technical services. Accordingly, such transactions are not taxable as Fees for Technical Services (FTS) under Article 12 of the India-Ireland Double Taxation Avoidance Agreement (DTAA).
ITAT Mumbai ruled that a tax demand raised due to a typographical or inadvertent error, without any malafide intention, is invalid. Tribunal observed that assessee should not suffer unnecessary hardship for bona fide mistakes.
