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ITAT Delhi

Order passed without implementing direction of DRP is void-ab-initio: ITAT Delhi

April 8, 2024 597 Views 0 comment Print

ITAT Delhi held that AO is bound to follow the directions of DRP. Accordingly, final assessment order passed by AO without implementing direction of DRP makes the assessment order void-ab-initio.

No section 56(2)(viib) addition for Share allotment at premium by Subsidiary to Holding Company

April 5, 2024 597 Views 1 comment Print

ITAT Delhi in case of KBC India Pvt. Ltd. vs. ITO held that equity shares were allotted by the assessee to its holding company at premium and in such a scenario no addition can be made u/s 56(2)(viib) of the Act

AO cannot invoke Section 56(2)(viib) if Discounted Cash Flow method used for Share Valuation

April 5, 2024 687 Views 0 comment Print

Explore the ITAT Delhi ruling on valuation of shares in DCIT Vs Hometrail Buildtech Pvt. Ltd. case for Assessment Year 2015-16. Analysis, implications, and conclusions discussed.

TDS deductible u/s. 192 on reimbursement of Leave Travel Concession: ITAT Delhi

April 5, 2024 810 Views 0 comment Print

ITAT Delhi held that TDS is required to be deducted under section 192 of the Income Tax Act on the reimbursement of LTC (Leave Travel Concession) /LFC (Leave Fare Concession) and HTC (Home Travel Concession).

Section 68 addition invalid if creditworthiness proven: ITAT Delhi

April 4, 2024 786 Views 0 comment Print

In the ITAT Delhi case I.T.O Vs Placid Buildwell Pvt Ltd, the addition u/s 68 was deemed invalid as creditworthiness was proven. Detailed analysis here.

Cash Deposits During Demonetization: ITAT Delhi deletes Addition

April 4, 2024 7890 Views 1 comment Print

Explore the ITAT Delhi’s ruling on cash deposits during demonetization in the case of Shivam Industries Radheshyam Sharma & Co. Vs ACIT for AY 2017-18.

CIT(A) Cannot disbelieve Cash Book Solely Based on General Practice

April 4, 2024 423 Views 0 comment Print

Mool Chand Aggarwal Vs ACIT (ITAT Delhi) CIT(A) cannot disbelieve cash book only on the ground that ‘generally individuals do not maintain cash book and it is not mandatory to maintain cash book for the individual’.

AO’s Treatment of Cash Deposits as Unexplained Without Adverse Material Unjustified

April 4, 2024 3126 Views 0 comment Print

ITAT Delhi in Preeti Bhardwaj Vs ITO held that AO cannot treat cash deposits as unexplained when assessee has provided the source of cash deposits being cash withdrawals without bringing adverse material.

Section 263 cannot be invoked on debatable issue of taxation of Interest under Land Acquisition Act

April 4, 2024 483 Views 0 comment Print

Sanjay Kumar Sharma Vs PCIT (ITAT Delhi): ITAT’s ruling on interest under Land Acquisition Act as capital receipt and exempt under Section 10(37) analyzed.

No Section 56(2)(viib) addition for allotment of equity shares by Subsidiary to holding company at premium

April 4, 2024 1680 Views 0 comment Print

Rugby Regency P. Ltd appeals against denial of depreciation on windmills and addition of income under Section 56(2)(viib) of Income Tax Act. Detailed analysis of the case from ITAT Delhi.

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