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ITAT

The Income Tax Appellate Tribunal (ITAT) is a specialized quasi-judicial body in India that hears appeals against orders passed by the Commissioner of Income Tax (Appeals) under the Income Tax Act, 1961.

146 articlesLatest 3 weeks ago
Section 143(3) assessment order in deceased assessee’s name is an irregularity, not a void order | Income Tax Assessment Procedure : ITAT D-Bench Ahmedabad
Case Law Analysis
|Income Tax Appellate Tribunal

Section 143(3) assessment order in deceased assessee’s name is an irregularity, not a void order | Income Tax Assessment Procedure : ITAT D-Bench Ahmedabad

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.

BSNL VRS Compensation Exempt under Sec 10(10B) and 1578-day Appeal Delay Condoned as Sufficient Cause under Sec 249(3) | Taxability & Appeal Timing : ITAT Ahmedabad
Case Law Analysis
|Income Tax Appellate Tribunal

BSNL VRS Compensation Exempt under Sec 10(10B) and 1578-day Appeal Delay Condoned as Sufficient Cause under Sec 249(3) | Taxability & Appeal Timing : ITAT Ahmedabad

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.

Section 153C satisfaction notes must be year-wise; notices issued beyond 15 months are time-barred | ITAT quashes assessment orders : ITAT Delhi
Case Law Analysis
|Income Tax Appellate Tribunal

Section 153C satisfaction notes must be year-wise; notices issued beyond 15 months are time-barred | ITAT quashes assessment orders : ITAT Delhi

The Delhi ITAT set aside assessment orders for AY 2016-17 and 2017-18, ruling that a single omnibus satisfaction note under Sec 153C is invalid without year-wise linkage of seized material to income. It also declared that notices served after the statutory 15-month limitation are void. Taxpayers must ensure separate satisfaction notes for each year and timely notices.

Section 87A Rebate Available on Short-Term Capital Gains Taxed at Special Rates When Income ≤ Rs 7 Lakh | ITAT Jaipur Bench
Case Law Analysis
|Income Tax Appellate Tribunal

Section 87A Rebate Available on Short-Term Capital Gains Taxed at Special Rates When Income ≤ Rs 7 Lakh | ITAT Jaipur Bench

Taxpayers whose total income does not exceed Rs 7 lakh can claim the Section 87A rebate even on short-term capital gains that attract the special 15 % rate under Section 111A. The Jaipur ITAT reversed the CIT(A)’s refusal, confirming that the rebate applies to the computed tax liability irrespective of the special-rate provision. This benefits individual investors with modest incomes who realise short-term gains.

Section 153D Requires Prior Joint Commissioner Approval; Assessment Orders Issued Without It Are Void | Assessment Orders : ITAT Surat Bench
Case Law Analysis
|Income Tax Appellate Tribunal

Section 153D Requires Prior Joint Commissioner Approval; Assessment Orders Issued Without It Are Void | Assessment Orders : ITAT Surat Bench

The ITAT Surat Bench set aside assessment orders for AY 2011-14 because the Commissioner of Income-Tax (Appeals) failed to obtain the mandatory prior approval of the Joint Commissioner under Section 153D. The ruling makes it clear that any assessment under special provisions is invalid without such approval, impacting both taxpayers and revenue officials.

Export incentives and cash discounts must be treated as operating revenue for TNMM analysis | Transfer Pricing (Sec 92C) : ITAT
Case Law Analysis
|Income Tax Appellate Tribunal

Export incentives and cash discounts must be treated as operating revenue for TNMM analysis | Transfer Pricing (Sec 92C) : ITAT

The Delhi ITAT ruled that export incentives and cash discounts form part of a taxpayer’s operating revenue for the purpose of the Transactional Net Margin Method, requiring comparables to be selected on a fully adjusted basis. This clarifies the treatment of such items in transfer-pricing documentation and impacts exporters relying on TNMM benchmarks. Assessors must now ensure FAR-based comparables reflect these revenue components.