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 Tribunal partly allowed the assessee’s appeal, remanding the Section 69C addition for verification and deleting the Section 80C disallowance, emphasizing submission of proper evidence and opportunity of hearing.
ITAT Kolkata rules that additions under Section 153A cannot be made without incriminating material, citing the Supreme Court’s Abhisar Buildwell judgment.
Tribunal confirms that notices under section 148 post-March 2022 must be issued by Faceless Assessing Officers, rendering JAO-issued notices void.
The Revenue argued that interest income from an Associated Enterprise (AE) should be taxed at the Maximum Marginal Rate MMR by invoking Article 12(6) of the DTAA} (PE exclusion). The Tribunal upheld the 15% DTAA rate, confirming that since the assessee has no PE in India, the exclusionary clause 12(6) does not apply, and the interest is a debt-claim under Article 12(4).
Tribunal held that a reassessment notice issued beyond the surviving limitation period and without sanction from the Principal Chief Commissioner was invalid, following the Supreme Court’s rulings in Ashish Agarwal and Rajeev Bansal.
ITAT Chennai held that reassessment notice issued by the Jurisdictional Assessing Officer post Faceless Assessment instead of National Faceless Assessment Centre is void and invalid. Accordingly, appeal is allowed.
The ITAT set aside the CIT(A)’s order which had wrongly confirmed a 37% surcharge on a Discretionary Trust with low income, relying on a precedent later clarified by the Tribunal. The ruling establishes that levying the highest 37% surcharge rate on MMR trusts, without considering the income slabs, leads to legal absurdity and is incorrect.
The ITAT partly allowed the Revenue’s appeal, upholding the Section 147 reopening as the notice was issued within the four-year limit because the assessee hadn’t filed a return. However, the Tribunal confirmed the deletion of the Section 50C capital gains addition, ruling that the AO is bound by the DVO’s accepted valuation after making a reference.
The case confirms that the CBDT’s Section 151A notification makes the NFAC/NPAC the sole authority for issuing Section 148 reassessment notices after March 29, 2022.4 The ITAT ruled that the local AO lacked the legal authority, rendering the entire reassessment process and order non est.
The ITAT held that alleged on-money based on an unverified photocopy of a sale agreement could not be added to income, emphasizing that a registered sale deed is the primary document. Furthermore, payments made in the next financial year cannot be taxed in the current Assessment Year, leading to a significant deletion of the unexplained investment addition.
