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ITAT Judgments

ITAT Judgment contain Income Tax related Judgments from Income Tax Appellate Tribunal Across India which includes ITAT Mumbai, Chennai, Delhi, Kolkutta, Hyderabad etc.

Latest Articles


India’s MLI Problem: Ratified, But Not Notified

Income Tax : Article examines whether the MLI Principal Purpose Test has domestic effect under Section 90(1) following Nestlé SA and Sky High ...

July 10, 2026 282 Views 0 comment Print

Ignoring Notices at AO and CIT(A) Stages Can Ruin Direct Tax Cases

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...

July 4, 2026 453 Views 0 comment Print

Section 54 Exemption Must Be Computed Asset-Wise as Each House Transfer Is a Separate Source of Capital Gain: ITAT Bangalore

Income Tax : ITAT held that Section 54 exemption must be examined separately for each residential house sold. Aggregating gains from multiple t...

July 2, 2026 264 Views 0 comment Print

Section 11 Exemption Cannot Be Denied as Form 10B Was Filed Before Return Processing: ITAT Jaipur

Income Tax : ITAT held that delayed filing of Form 10B cannot defeat Section 11 exemption if the audit report is available before processing un...

July 2, 2026 174 Views 0 comment Print

ITAT Deletes On-Money Addition as Unsigned Agreement & Third-Party Records Lacked Evidence

Income Tax : Smt. Ranjana Kumari/Kalta Vs DCIT/ACIT (Central) (ITAT Chandigarh) The appeals involved three assessees belonging to the Kalta Gro...

June 30, 2026 390 Views 0 comment Print


Latest News


Section 2(47)(v) Capital Gains Deleted as Section 53A Conditions Not Satisfied: ITAT Bangalore

Income Tax : ITAT Bangalore held Section 2(47)(v) inapplicable as the JDA did not satisfy Section 53A conditions, deleting capital gains for AY...

July 11, 2026 294 Views 0 comment Print

CAAS Moves Supreme Court on ITAT Vacancies

Income Tax : The issue concerns massive backlog in ITAT caused by unfilled positions and delayed appointments. The intervention highlights that...

April 18, 2026 684 Views 0 comment Print

Representation for enhancement of monetary limit for SMC cases before ITAT

Income Tax : A representation seeks doubling the SMC threshold due to inflation and higher dispute values. The key takeaway is that increasing ...

April 4, 2026 1422 Views 0 comment Print

Raj Kundra Gifted Shilpa Shetty ₹12.5 Crore. Now Tax Tribunal Wants to Know How

Income Tax : The tribunal held that a gift deed alone cannot establish legitimacy under Section 68. It directed fresh scrutiny of the donor’s...

March 20, 2026 1326 Views 0 comment Print

Income from Vessel Operations Taxable Under India-Norway DTAA: ITAT Delhi

Income Tax : Delhi ITAT allows Sanco Holding, a Norwegian company, to compute income from bareboat charter of seismic vessels under Article 21(...

October 17, 2025 903 Views 0 comment Print


Latest Judiciary


Section 143(2) Assessment Quashed as Jurisdictional AO Failed to Issue Notice: ITAT Kolkata

Income Tax : ITAT Kolkata quashed the assessment as the jurisdictional Assessing Officer did not issue the mandatory notice under Section 143(2...

July 15, 2026 69 Views 0 comment Print

Technical Glitch in Form 26A Filing Cannot Trigger Section 40(a)(ia) Disallowance: ITAT Bangalore

Income Tax : Bangalore ITAT deleted Section 40(a)(ia), notional interest, ICDS and Section 68 additions, citing Form 26A compliance and evident...

July 15, 2026 66 Views 0 comment Print

Form 26AS Alone Cannot Decide Taxability of FD Interest: ITAT Bangalore

Income Tax : Bangalore ITAT remanded FD interest addition, directing verification of fund ownership and held Form 26AS alone is not determinati...

July 15, 2026 88 Views 0 comment Print

Entire Bogus Purchases Not Taxable If Sales Accepted; Only Profit Taxable: ITAT Bangalore

Income Tax : Bangalore ITAT held entire alleged bogus purchases cannot be added where sales are accepted, restricting the addition to 1.15% pro...

July 15, 2026 61 Views 0 comment Print

Bangalore ITAT Reaffirms that Transfer Pricing Adjustment Must Be Restricted Only to International Transactions with AEs

Income Tax : Bangalore ITAT held TP adjustments apply only to international AE transactions and upheld verified capacity, working capital and o...

July 15, 2026 255 Views 0 comment Print


Latest Notifications


SOPs for sending notice to parties for hearing of cases before ITAT Bench

Income Tax : The ITAT Delhi has revised its hearing notice protocols. Physical notices will now be sent only once, with subsequent dates availa...

July 25, 2025 1341 Views 0 comment Print

ITO doesn’t have jurisdiction to issue notice to NRI: ITAT Chandigarh

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...

April 11, 2025 5988 Views 0 comment Print

Govt appoints Shri G. S. Pannu as President of ITAT

Income Tax : Central Government is pleased to appoint Shri G. S. Pannu, Vice-President of the Income Tax Appellate Tribunal, as President of th...

September 6, 2021 2274 Views 0 comment Print

Appointment as ITAT Member- Disparity with CAs

Income Tax : Ministry of Finance notified rules for appointment of members in various tribunals on 12.02.2020 in which practice of judicial and...

June 30, 2021 20196 Views 6 comments Print

Notice issued by officer having no jurisdiction of assessee is null & void

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...

February 3, 2021 10062 Views 0 comment Print


Mesne Profit is capital receipt hence not taxable: ITAT Mumbai

July 17, 2025 1302 Views 0 comment Print

The assessee is a cooperative housing society located in Vile Parle, Mumbai and has been deriving rental income from commercial premises on the ground floor and partly in the basement. Notably, total amount of Rs. 2.40 Crores was granted by the Small Causes court as Mesne Profits to the assessee’s society.

Capital gain on sale of equity-oriented mutual fund not taxable under India-Mauritius DTAA

July 17, 2025 888 Views 0 comment Print

Assessee is a foreign company and a tax resident of Mauritius. The assessee is carrying on investment activity in India by way of investments in shares and debentures of Indian companies through recognized stock exchanges in India.

Denial of Foreign Tax Credit merely due to delay in filing Form 67 not justifiable

July 17, 2025 1254 Views 0 comment Print

ITAT Hyderabad held that denial of credit for Foreign Tax Credit merely due to delay in filing of Form 67 not justified as Form 67, although belatedly, was filed before the AO passed order u/s 143(3) of the Act. Accordingly, appeal allowed.

Bogus LTCG addition quashed as sale transaction of shares cannot be doubted

July 17, 2025 825 Views 0 comment Print

ITAT Nagpur held that addition under section 68 towards bogus LTCG set aside as sale transaction of shares cannot be doubted. Thus, sale consideration received on sale of shares cannot be assessed as unexplained cash credit under section 68 of the Income Tax Act.

TDS Credit Issue: ITAT Sends Matter Back to CIT(A) for Fresh Adjudication

July 17, 2025 639 Views 0 comment Print

ITAT Lucknow remands tax appeals of Uttar Pradesh Rajkiya Nirman Ltd. for AY 2014-15 to 2016-17, directing CIT(A) to re-examine issues after providing the assessee an opportunity of hearing.

Capital Introduced from Family Concern: ITAT Quashes Sec 263 Order for Lack of PCIT’s Enquiry Findings

July 17, 2025 597 Views 0 comment Print

ITAT Delhi overturns PCIT’s revision order against Umesh Garg, ruling the original assessment wasn’t erroneous or prejudicial to revenue, citing sufficient inquiry.

Pre-Operative Expenses for Business Expansion Allowable as Revenue: ITAT Delhi

July 17, 2025 1329 Views 0 comment Print

ITAT Delhi grants Tata Teleservices significant tax relief, ruling pre-operative expenses for telecom expansion and customer acquisition costs as revenue expenditure.

Section 270A Penalty Order Set Aside for Lack of Opportunity: ITAT Lucknow

July 17, 2025 660 Views 0 comment Print

ITAT Lucknow quashes Rs. 3.34 Lakh penalty on Mohd Husain, citing lack of fair opportunity by tax authorities and improper notice delivery. Case sent for re-adjudication.

ITAT Mumbai Rules on Taxation of Unsold Property for Sabarmati Capital One

July 17, 2025 789 Views 0 comment Print

ITAT Mumbai rules on taxation of unsold real estate inventory for Sabarmati Capital One Ltd., clarifying Section 22 applicability and AO’s jurisdiction under Section 263.

Natural Justice denial: ITAT Orders Fresh Assessment in Petrol Pump Case

July 17, 2025 597 Views 0 comment Print

ITAT Lucknow directs re-assessment for Ashok Kumar’s petrol pump business, citing denial of natural justice due to exclusive reliance on electronic notices and lack of fair hearing.

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