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 Delhi dismissed Revenue’s appeal, confirming deletion of a Rs. 25 crore penalty imposed under Section 271D. Tribunal ruled that penalty, based solely on a seized MOU and assumptions without proof of cash movement, was not legally sustainable.
ITAT Delhi quashes Rs.8.16 crore addition on share capital and commission, emphasizing that mere suspicion without evidence cannot justify tax additions. Investor genuineness and banking records were upheld.
The Tribunal ruled that the Assessing Officer’s suspicion, without material evidence, was insufficient to prove the non-genuineness of a partner’s capital contribution. This case clarifies the legal burden of proof under the Income Tax Act.
The ITAT Kolkata restored a 464-day delayed appeal (AY 2017-18) to the AO for fresh adjudication but imposed a conditional ₹50,000 cost on the assessee for consistent non-cooperation.
ITAT Delhi held that a 12% trade discount to an overseas buyer is not commission and cannot attract TDS under Section 195. The Tribunal ruled that the CIT cannot override the AO’s assessment without independent examination, quashing the Section 263 revision and consequential reassessment.
In HIM Restaurants Private Limited Vs ITO, the Delhi Income Tax Appellate Tribunal (ITAT) upheld tax additions, confirming the rejection of books of account under Section 145(3) due to the assessee’s failure to produce evidence and discrepancies in its financial reporting.
ITAT Delhi annuls tax assessments on Nanak Chand Tayal, ruling that the blanket, mechanical approval under Section 153D was invalid and against judicial precedents from Delhi and Orissa High Courts.
Delhi ITAT restores Silverton Pulp And Papers Pvt. Ltd.’s appeal to the CIT(A) to verify the applicability of Section 56(2)(x)(b) to a disputed agricultural land purchase, where the stamp valuation authority valued it as residential.
The Delhi Income Tax Appellate Tribunal (ITAT), in Shelender Kumar Jain Vs ACIT, has ruled against making adhoc disallowances on verified business expenses.
ITAT Delhi quashes reassessment orders against three companies. The court ruled that an AO cannot rely solely on a retracted statement to initiate reopening proceedings.
