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ITAT Delhi

Revision u/s 263 unsustainable for mere difference of view

December 20, 2022 546 Views 0 comment Print

ITAT Delhi held that where two views are possible and AO adopted the one which Commissioner doesn’t agree then in such case revision under section 263 of the Income Tax Act not permissible for mere difference of view.

TDS Credit shall be given for Assessment Year for which Income is Assessable

December 19, 2022 2040 Views 0 comment Print

ITAT held that TDS credit shall be given to deductee for Assessment Year (“A.Y.”) for which such income is assessable under Income Tax Act, 1961

‘Security Premium Reserve’ not part of accumulated profits u/s 2(22)(e)

December 17, 2022 5337 Views 0 comment Print

ACIT Vs Bhagwati Coal Movers (P) Ltd. (ITAT Delhi) ITAT Delhi held that the ‘Security Premium Reserve’ cannot be regarded as part of accumulated profits under Section 2(22)(e) of the Income Tax Act. Facts- AO observed that the assessee has obtained loan amounting to Rs.5,52,50,000/- from M/s. Ajmala Stationery Ltd. A part of the loan […]

Loss incurred on hedging transaction to safeguard foreign currency fluctuation loss is not speculative loss

December 16, 2022 1740 Views 0 comment Print

ITAT Delhi held that forward contract was purely hedging transactions entered into by assessee to safeguard against loss arising out of fluctuation in foreign currency, loss on such transactions could not be held as speculative transactions felling within ambit of section 43(5).

Tax benefit of India-UK DTAA available to LLP on Indian engagement income

December 15, 2022 3507 Views 0 comment Print

ITAT Delhi held that benefit of India-UK DTAA is available to Limited Liability Partnership on the portion of income from Indian engagement.

Interest received on enhanced compensation under section 28 of Land Acquisition Act, 1894 is not taxable

December 15, 2022 46968 Views 0 comment Print

ITAT held that Interest received under section 28 of Land Acquisition Act, 1894 is not taxable under section 56(2)(viii) read with sections 57(iv) and 145A of Income Tax Act,1961.

As main business includes letting of property income from same is taxable under Income from Business

December 14, 2022 2775 Views 0 comment Print

ITAT Delhi held that the main objective of the assesses is to carry on the business of letting out of properties and hence the income earned by the assessee from letting out of the property is assessable under the head Income from Business.

TDS not deductible on Roaming Charges under section 194J

December 13, 2022 1233 Views 0 comment Print

Unitech Wireless (Tamilnadu) Private Limited Vs DCIT (ITAT Delhi) ITAT in assessee’s own case has considered identical issue and held that no TDS was to be deducted in case of roaming charges u/s 194J of the Act by holding as under:- “22. To conclude, The primary issue in the appeal was whether the roaming charges […]

25% disallowable on ad-hoc basis cannot be considered as reasonable/rational

December 13, 2022 1698 Views 0 comment Print

ITAT find that if the expenses are proved to be un-genuine on verification, the AO ought to have disallowed the entire expenditure. Accepting 75% of expenditure as allowable and the remaining 25% disallowable on ad-hoc basis cannot be considered as a reasonably rational order.

TDS credit cannot be denied on the ground of Technical/Typographical errors

December 13, 2022 1788 Views 1 comment Print

ITAT held that credit of bona fide assessee cannot be denied in case where assessee committed technical/typographical error during return filing.

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