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 Pune sets aside NFAC’s ex-parte order, mandating fresh adjudication on S. 44AD applicability to commission income, citing violation of natural justice and lack of proper notice.
ITAT Hyderabad in Pitti Holdings Pvt. Ltd. vs ACIT quashes a reassessment for the Assessment Year 2018-19. The order holds that notices issued by the Jurisdictional AO (JAO) instead of the Faceless AO (FAO) after the Faceless Jurisdiction Scheme 2022 are void ab initio.
Visakhapatnam ITAT dismisses Revenue appeals, quashing protective additions on cotton mills. Protective assessment for A.Y. 2016-17 invalid as substantive addition was in A.Y. 2017-18.
The ITAT Hyderabad ruled that reassessment notices under Sections 148A(b) and 148 issued by the Jurisdictional Assessing Officer (JAO) after April 1, 2022, are invalid and void ab initio. This decision reinforces the mandatory nature of the Faceless Jurisdiction Scheme, 2022, quashing the entire reassessment for lack of proper authority.
The ITAT Visakhapatnam ruled that protective additions made in reassessment proceedings are invalid because they did not co-exist with a substantive addition for the same assessment year. The Tribunal held that a protective assessment cannot stand in isolation and cannot be based on mere suspicion to keep a hypothetical option open for the Revenue.
The ITAT Raipur ruled that compensation received for land acquired under the National Highways Act, 1956, is exempt from income tax under Section 96 of the RFCTLARR Act. This decision confirms the principle of uniform tax relief for all land-losers, irrespective of the acquiring statute, following the Supreme Court’s Tarsem Singh ruling.
ITAT Pune dismissed Revenue’s appeal against Mukund Bhavan Trust, confirming its Sections 11 & 12 exemption. It ruled Sections 13(1)(b) & 13(1)(c) restrictions don’t apply to pre-1961 trusts with protected founding conditions.
The ITAT Kolkata confirmed the deletion of a ₹4.04 Cr addition under Section 68 against Eskag Sanjeevani, ruling that documented unsecured loans received and fully repaid through banking channels cannot be deemed bogus.
ITAT Mumbai ruled that the date of a Letter of Intent (LOI), 14.02.2011, constitutes the date of acquisition for a flat, allowing indexation from that date for Long-Term Capital Gains computation.
The ITAT Mumbai upheld the deletion of a Rs.2.22 Cr addition under Section 43CA for AY 2018-19, ruling that the 10% tolerance limit (safe harbor) for the difference between sale consideration and property valuation is a beneficial, curative amendment and thus applies retrospectively from the provision’s insertion.
