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ITAT Delhi

Section 54F Deduction allowed for Property Construction within 3 years: ITAT Delhi

June 25, 2025 441 Views 0 comment Print

ITAT Delhi held that deduction under section 54F of the Income Tax Act allowable since the provisions of section 54F allows for construction of the property within a period of three years. Accordingly, appeal allowed.

ITAT Delhi Bench do not have jurisdiction over assessment order passed by AO in Lucknow

June 25, 2025 495 Views 0 comment Print

ITAT Delhi held that the seat of Tribunal and/or jurisdiction of concerned Hon’ble High Court would depend upon where seat of the Assessing Officer who has passed the assessment order. Thus, ITAT Delhi Bench do not have territorial jurisdiction as assessment order are based by AO in Lucknow.

ITAT Delhi Deletes On-Money Addition for Misapplication of Section 153C

June 25, 2025 393 Views 0 comment Print

Delhi ITAT sets aside ₹42.94 lakh tax additions, ruling Section 153C incorrectly applied. Seized documents must “pertain” not “belong,” and Section 292C presumption doesn’t extend to third parties.

ITAT Upholds Income Declared Under Section 44AD; Cash Deposit Addition Deleted

June 25, 2025 1632 Views 0 comment Print

ITAT Delhi rules no books or vouchers are needed for Section 44AD income, deleting a Rs. 20.58 lakh cash deposit addition, citing a binding precedent.

ITAT Deletes Section 270A Penalty as Declared Income Accepted Without Additions

June 25, 2025 1848 Views 0 comment Print

ITAT Delhi rules in Sudarsan De case, setting aside S.270A penalty for under-reporting as belated return was accepted without income additions.

Reassessment Notice u/s 148 Quashed Due to Issuance Beyond Limitation Period

June 24, 2025 8250 Views 0 comment Print

ITAT Delhi quashes reassessment for AY 2015-16, finding the Section 148 notice issued on July 29, 2022, was beyond the statutory limitation period.

Transaction Genuine under section 68 if Loan Repaid with Interest: ITAT Delhi

June 24, 2025 1935 Views 0 comment Print

By returning the loan, the assessee has only utilised the loan for the purpose of business and repaid the same. Merely because some operator has managed the affairs and all the transactions cannot be labelled as non-genuine.

ITAT Delhi allows Business Loss set off against FTS in case of PE

June 23, 2025 825 Views 0 comment Print

ITAT Delhi allows Hyosung Corporation to set off Indian Permanent Establishment (PE) business losses against Fees for Technical Services (FTS) income. The ruling clarifies that under the Income Tax Act, a foreign entity’s income is aggregated for taxation, permitting inter-head adjustments despite DTAA classifications.

Appeal Dismissal Under Section 249(4)(b) Invalid as No Advance Tax Liability Arises Without Income Admission

June 21, 2025 987 Views 0 comment Print

ITAT Delhi rules Section 249(4)(b) inapplicable for Sangeet Kathuria’s appeal dismissal, when no return was filed and no admitted income existed, remanding the case for fresh assessment.

Genpact Wins Tax Case: Intangible Assets Depreciable

June 21, 2025 990 Views 0 comment Print

ITAT Delhi rules customer contracts, assembled workforce are intangible assets, allowing Genpact’s depreciation claim and affirming cost allocation.

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