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 : ITAT Kolkata remanded the Section 43B issue for fresh verification in light of Checkmate Services, while dismissing Revenue’s re...
Income Tax : ITAT Kolkata quashed NFAC reassessment and consequential penalty, holding faceless reassessment lacked jurisdiction before Section...
Income Tax : ITAT Pune set aside the ex parte CIT(A) order and remanded the Section 80PA deduction dispute for fresh adjudication after grantin...
Income Tax : ITAT Mumbai set aside rejection of a Section 12AB registration application and directed CIT(E) to allow rectification after granti...
Income Tax : ITAT Mumbai quashed reassessment as Section 148 notice lacked sanction from the competent authority under Section 151 before the F...
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 ruled that the Assessing Officer cannot tax share premium under Section 68 solely on the basis that the premium lacks commercial justification. Valuation concerns fall outside the scope of Section 68 for years prior to the introduction of Section 56(2)(viib).
The ruling emphasized that CAM charges remain separate transactions irrespective of whether payments are made to the same landlord or a different entity. TDS under Section 194C was held to be correctly deducted.
The Tribunal held that, apart from the CBDT clarification, the seller had declared the capital gains and discharged taxes. Therefore, the purchaser could not be treated as an assessee in default under Section 201(1).
The Tribunal held that interest under Section 244A must be computed up to the actual date of refund issuance. Restricting interest to the date of refund determination under Section 143(1) was found to be incorrect.
The ITAT held that Section 56(2)(viib) cannot apply where equity shares are issued upon conversion of CCDs without receipt of fresh consideration during the relevant year. The ruling emphasizes that the provision is triggered only upon actual receipt of share consideration.
The ITAT held that reassessment initiated beyond four years cannot survive unless the Assessing Officer records that the assessee failed to fully and truly disclose material facts. Since the recorded reasons contained no such allegation, the notice under Section 148 was declared invalid. The consequential reassessment order was quashed.
The ITAT Chennai held that an Assessing Officer cannot introduce a new addition while giving effect to an appellate order. Since the Tribunal had issued no direction to tax ₹5 crore as income from other sources, the addition was deleted.
The Tribunal held that actual rent received under genuine, registered agreements cannot be replaced with hypothetical market rent without cogent evidence of manipulation or unaccounted consideration. Since the Revenue failed to establish suppression of rent, the ALV addition was deleted.
ITAT found that the assessee had sufficient cash resources to meet the impugned credit card payments. Since the authorities did not establish utilisation of cash elsewhere, the addition was deleted.
The ITAT Jodhpur deleted the disallowance relating to delayed PF and ESI deposits, holding that the impact of the COVID-19 pandemic and the EPFO’s relaxation measures had not been properly considered. The Tribunal emphasized a pragmatic approach in exceptional circumstances.
