The ITAT Mumbai ruled in favor of a church trust, holding that a 29-day procedural delay in filing Form 10B should not result in the denial of a tax exemption under Section 11. The tribunal emphasized that substantive law should prevail over procedural lapses, especially when the jurisdictional High Court has already condoned the delay.
The ITAT Visakhapatnam allowed a trust’s appeal, restoring its Section 11 exemption. The sale of property to a trustee at market value was not a violation of Section 13, as no undue benefit was conferred.
The ITAT quashed a reassessment and deleted ₹13 crore in additions, ruling that the initial notice under Section 148 was invalid as it was time-barred.
The ITAT Vizag partly allowed a nursery operator’s appeal, accepting a government-certified income of ₹1 lakh per acre over the AO’s arbitrary estimate. The ruling confirms that nursery income differs from regular agricultural income.
ITAT in Mumbai quashed a tax assessment reopening, ruling it was based on a change of opinion without new material. The tribunal also deleted a Rs. 8.46 crore addition of notional interest, affirming that hypothetical income cannot be taxed.
The ITAT Kolkata has ruled that an addition under Section 68 of the Income Tax Act cannot be made on share capital received from group companies when the assessee provides comprehensive documentary evidence, even if the directors of the investing companies do not appear in person.
The ITAT ruled that a CIT(A) must independently verify evidence before deleting a tax addition, even if the AO fails to provide a remand report.
The ITAT Visakhapatnam condoned a 284-day delay and restored the appeal of an MLA whose auditor had passed away. The tribunal ruled that the CIT(A) was wrong to dismiss the case for non-prosecution and must adjudicate on the merits.
ITAT Mumbai dismisses Krishna Residency CHS’s appeal, refusing to condone a 2240-day (over six-year) delay. The tribunal found the society’s explanations for the delay contradictory and unsubstantiated, upholding the lower authority’s decision.
The ITAT ruled that a PCIT cannot use Section 263 to revise an assessment order that is “non-est” in law due to a procedural defect.
