ITAT Delhi held that services rendered under Intra Group Service Agreement do not make available technical knowledge and hence would not fall within the definition of FTS as provided under Article 13(4) of India UK DTAA and hence not taxable in India.
An assessment order passed by AO was quashed on the reason that assessment year was beyond the ten-year outer ceiling limit prescribed by Section 153A. Assessee challenged the assumption of jurisdiction by AO and consequent passing of the Assessment Order. Assessee challenged the issuance of notice u/s 153A for the assessment year 2008-09 on the reasoning that the said notice was issued beyond the period of limitation.
Tribunal had set aside an order by CIT (Appeals) directing AO to recalculate the Tax Deducted at Source (TDS) demand under section 194 C as the original demand had already been nullified by the Delhi High Court, making the CIT(A)’s directions untenable and CIT(A) erred by ignoring the High Court’s judgment and basing its decision on a different TDS provision (Section 194C) than the one applied by the AO (Section 194I).
ITAT Delhi rules in Om Prakash Jakhotia case that income must be taxed to the rightful owner, deleting additions based on documents not belonging to assessee.
ITAT Delhi dismisses Revenue’s appeal against Tata Teleservices on taxability of interest paid to China Development Bank under India-China DTAA Article 11(3).
ITAT Delhi rules on penalty imposition for Vodafone West Ltd, concerning a debatable issue of interest on license fees.
ITAT Delhi rules assessment void in MDLR Hotels case due to Additional CIT’s failure to apply mind while granting approval under Section 153D.
ITAT Delhi restored the matter to the file of the Assessing Officer with the direction to pass order after affording reasonable, adequate and effective opportunity of being heard and hence the appeal of the assessee is deserves to be allowed.
Summary of Mikado Realtors P. Ltd. Vs PCIT case: ITAT Delhi ruling on the validity of a revisionary order under Section 263 of the Income Tax Act.
ITAT Delhi quashes AY 2021-22 assessment against Arti Dhall, ruling section 153C was not correctly applied in case linked to Hans Group search.
