Income Tax Appellate Tribunal judgments

ITAT Agra held that a government polytechnic could claim Section 10(23C)(iiiad) exemption for AY 2020-21 without filing a Section 139(4C) return, as the filing condition was introduced only by the Finance Act 2022 amendment. The ruling confirms pre-amendment non-filing was not a condition precedent, aiding institutions that missed prior deadlines.

The ITAT Jaipur ruled that a seafarer serving on an Indian ship is entitled to the 182-day threshold under Section 6(1)(c) for determining non-resident status, not the standard 60-day limit. This extends the beneficial residential provision to Indian crew members, potentially exempting their foreign-sourced salary from Indian tax. The decision clarifies the applicability of the extended stay threshold for maritime workers.

ITAT Kolkata held that reassessment beyond three years under Section 148 mandates PCCIT or CCIT sanction under Section 151; PCIT approval is jurisdictionally invalid. The tribunal quashed a notice where only PCIT approval was obtained, reinforcing the strict hierarchy for time-barred proceedings and protecting taxpayers from procedurally flawed orders.

ITAT Pune held PCIT lacked jurisdiction to cancel registration under Sec 12AB(4) for Sec 13(1)(c) violations as the specified violation concept is prospective from 1 Apr 2022, shielding trusts from retrospective cancellation and clarifying limits.

The ITAT Mumbai held that conditioning registration under Sections 12AB/80G on a pending SLP is ultra vires. It directed the Commissioner to issue an unconditional order 1 April 2026 for Trust, stating tax exemptions cannot depend on Supreme Court appeals.

The ITAT Kolkata held that depreciation can be claimed on goodwill/brands acquired in a demerger under Section 32 of the Income Tax Act, and that a disallowance under Section 14A requires the Assessing Officer to record dissatisfaction with the taxpayer's apportionment. The decision impacts companies undertaking demergers seeking to amortise intangible assets and clarifies the procedural requirement for Section 14A disallowances.

The ITAT Agra held that ex gratia payments received under BSNLs Voluntary Retirement Scheme 2019 qualify for full exemption under section 10 10B of the Income Tax Act even if the exemption is claimed for the first time in appeal. The ruling benefits BSNL employees who opted for VRS 2019 clarifying that the fresh claim doctrine allows retrospective exemption claims.

The ITAT Surat ruled that for capital gains computation under Section 2(42A) of the Income Tax Act, the holding period commences on the date of the allotment letter, not the date of registration. This clarification enables purchasers of builder flats to qualify for long term capital gain treatment and claim exemption under Section 54.

ITAT Pune held that a retiring partner's receipt is not taxable under Section 45(4) unless there is an actual transfer of a capital asset, distinguishing Mansukh Dyeing on its facts. This affects partnerships and LLPs retiring partners, preventing tax on mere payment settlements.

The ITAT Patna held that an assessment against a dissolved entity is a legal nullity and quashed the Section 154 penalty order. It clarifies that tax authorities cannot proceed against non-existent bodies, shielding successors and assessees from void demands.

ITAT Ahmedabad ruled that bank credits alone do not prove unexplained investment under Section 69 without asset identification. It deleted the ₹1.28 crore addition and penalty, stressing that credits must be tied to specific assets.

The ITAT Delhi held that reassessment under section 148 is valid only if the escaped income is an asset as per Explanation 2 to section 153A, noting that unsecured loans received by the assessee qualify as such assets and that liability-side entries do not defeat the extended limitation when the escaped amount exceeds ₹50 lakh.

ITAT Delhi rules a Mauritius entity holding a Category I GBL licence, FPI registration, and actual control over ECB funds satisfies the beneficial ownership test under Article 11 for interest income on ECBs lent to Indian group companies. The tribunal also denies the Section 194LD concessional withholding rate for non-convertible debentures.

The tribunal ruled that TDS credit under Section 205 is based on actual tax deduction, not merely Form 26AS reflection, and remanded the case for verification of the disputed Rs 43.72 lakh credit. This protects taxpayers from losing legitimate credits due to deductors' filing delays or errors.

An unsigned or undated sanction under section 151 of the Income-Tax Act is invalid, making any subsequent section 148 notice jurisdictionless. The Delhi ITAT therefore quashed the assessment notice, safeguarding taxpayers from assessments based on defective approvals.

ITAT Ahmedabad ruled that the Section 87A rebate cannot be denied on short-term capital gains taxed at the special rate under Section 111A for AY 2025-26, overturning the Addl. CIT’s reliance on CBDT circular 13/2025. Taxpayers with STCG can now claim the full ₹25,000 rebate, extending relief beyond other income sources.

The ITAT ruled that an assessment order issued under section 143(3) in the name of a deceased taxpayer is merely irregular and can be corrected, not a nullity. Consequently, the tax liability remains enforceable and the legal heir may seek rectification without the order being void.

The Kolkata ITAT ruled that the 10 % tolerance under Section 50C is retrospective, striking down the ₹9,94,312 addition for AY 2014-15 because the valuation gap was only 8.5 %. Taxpayers can therefore rely on the tolerance limit for past years, limiting exposure to Section 50C additions when the gap falls within the prescribed range.

The ITAT ruled that a higher TDS rate under Section 206AA cannot be imposed automatically if the deductor’s delay in filing returns is caused by the deductees’ failure to link or activate PAN-Aadhaar, a circumstance beyond the deductor’s control. Such matters must be remitted to the Assessing Officer for fresh assessment, shielding compliant deductors from unwarranted penalties. The decision benefits taxpayers who face third-party PAN linking delays.

The ITAT held that the Transfer Pricing Officer’s ad-hoc valuation method violated Section 92C and set aside the Rs 357.35 crore adjustment. The ruling reinforces that only the prescribed five methods may be used, affecting taxpayers facing TP adjustments.

The ITAT ruled that the ex-gratia payment received by a former BSNL employee is a capital receipt exempt under Sec 10(10B) of the Income-Tax Act. It also treated a 1578-day filing delay as ‘sufficient cause’ under Sec 249(3), allowing the appeal to proceed. This benefits taxpayers receiving VRS and facing procedural delays.

ITAT ruled that the rebate under Section 87A can be claimed on tax payable on short-term capital gains taxed under Section 111A even when the assessee opts for the new tax regime (Section 115BAC). The decision confirms eligibility for AY 2024-25, benefiting taxpayers with STCG.

The ITAT ruled that an unsecured loan taken and fully repaid within the same financial year cannot be treated as unexplained income under Section 68, provided the assessee furnishes satisfactory documentary evidence. This prevents automatic tax additions on short-term loans and safeguards businesses from unwarranted tax liability.

Delhi ITAT quashed a Rs 9.70 million transfer-pricing addition, holding that a zero arm’s-length price for intra-group management and support services breaches transfer-pricing rules. Taxpayers must demonstrate a tangible benefit to justify pricing. The ruling affects firms using NIL-price intra-group services under the Income Tax Act.