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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 306 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 459 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 279 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 396 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 315 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 687 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 1425 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 1335 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


ITAT Bangalore: Mere Write-off of Bad Debt is Sufficient After TRF Ltd.; AO Must Verify Only Section 36(2) Conditions

Income Tax : ITAT Bangalore restored bad debt, TDS/VAT disallowance, Section 80G and Section 270A issues for fresh verification by the Assessin...

July 16, 2026 81 Views 0 comment Print

ITAT Lucknow: Ad Hoc Disallowance Without Pinpointing Defects Unsustainable; GST/TDS Late Fee Held Compensatory and Remanded for Fresh Examination

Income Tax : ITAT Lucknow restored ad hoc expense disallowance for fresh examination and observed GST and TDS late fee is compensatory in natur...

July 16, 2026 69 Views 0 comment Print

ITAT Raipur: Bogus LTCG Addition on Penny Stock Cannot Survive Without Evidence Linking Assessee to Price Manipulation or Entry Operators

Income Tax : ITAT Raipur deleted a Section 68 addition, holding that genuine share transactions cannot be treated as bogus without evidence lin...

July 16, 2026 96 Views 0 comment Print

ITAT Raipur: Assessee Cannot Be Denied Section 115BAB Benefit Due to Department’s Internal Allocation of Appeal Between JCIT(A) and CIT(A)

Income Tax : ITAT Raipur held that departmental allocation of appeals cannot deny adjudication of a Section 115BAB claim and restored the matte...

July 16, 2026 70 Views 0 comment Print

CIT(A) Must Decide Jurisdiction Before Remanding Reassessment to AO: ITAT Raipur

Income Tax : ITAT Raipur held that CIT(A) must first decide the validity of reassessment proceedings before remanding the matter to the Assessi...

July 16, 2026 73 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 6003 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 20205 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 10065 Views 0 comment Print


ITAT Classifies Unsold Flats as Business Stock, Deletes ₹10.86 Crore Deemed Income Addition

June 19, 2025 975 Views 0 comment Print

ITAT Mumbai holds income from builders’ unsold flats as ‘business income,’ not ‘house property,’ for Haware Engineers for AY 2013-14 & 2014-15.

Stock-in-Trade Amendment for Unsold Flats Applicable from AY 2018-19

June 19, 2025 666 Views 0 comment Print

Pune ITAT deletes deemed rental income addition on unsold flats for Kumar Properties, citing no exempt income for Section 14A disallowance.

Two Appeal against Same Order: ITAT Dismisses one Appeal as “infructuous”

June 19, 2025 591 Views 0 comment Print

ITAT Mumbai dismisses Pegasus Properties’ appeal for AY 2015-16 as infructuous, citing a previously heard physical appeal against the same order.

ITAT Mumbai allows Interest Deduction as Advances were for Business Purpose

June 19, 2025 579 Views 0 comment Print

ITAT Mumbai rules in favor of JM Financial Properties, upholding interest expense deductions for AY 2013-14 and 2014-15. The tribunal affirmed the commercial expediency of an interest-free security deposit for business purposes.

ITAT Nagpur Bench Quashes Reassessment: Income Below Threshold for 3-Year Limit

June 19, 2025 591 Views 0 comment Print

ITAT Nagpur voids reassessment against Rupesh Dhakate, citing lack of jurisdiction as alleged escaped income fell below the Rs. 50 lakh threshold.

Adhoc Disallowance U/S 40A(2)(a) Based on Suspicion Not Sustainable: ITAT Hyderabad

June 19, 2025 459 Views 0 comment Print

ITAT Hyderabad held that adhoc disallowance under section 40A(2)(a) of the Income Tax Act merely on the basis of suspicion and surmises without adequate evidence not sustainable in law. Accordingly, order of CIT(A) upheld and appeal of revenue dismissed.

No Section 69A Addition for Cash Deposits Based on Suspicion Alone

June 19, 2025 5835 Views 0 comment Print

ITAT Nagpur rules against arbitrary 10% cash deposit addition under Section 69A, stating no income can be deemed if explanations are credible.

ITAT Chennai Deletes Capital Gains Addition on Profit-Sharing Realignment in LLP Reconstitution

June 19, 2025 981 Views 0 comment Print

ITAT Chennai ruled in Gokulakrishna’s favor, deleting capital gains tax on funds received from a profit-sharing realignment during an LLP’s reconstitution. The court determined that a reduction in profit share for existing partners upon new partner admission does not constitute a taxable transfer of capital assets.

Sales Incentives to Retailers by Agent Not “Commission” U/S 194H: ITAT Hyderabad

June 19, 2025 732 Views 0 comment Print

The appellant-company has deducted TDS as per sec.194H of the Act on commission payment to Agent, however, not deducted any TDS on sales promotion and cash incentives paid to the retailers.

Application for Registration U/S 12AB Restored: Defects in Form 10AB Held Curable

June 19, 2025 870 Views 0 comment Print

ITAT Jaipur held that since reasons for incomplete details in Form No. 10AB are curable in nature, assessee is given one more chance to advance documents before CIT(E) as to application for registration u/s. 12AB. Accordingly, matter restored for fresh registration.

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