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ITAT Delhi

Notice not served on Current email Address: ITAT Remands Case to AO

April 10, 2025 1095 Views 0 comment Print

ITAT Delhi remits appeal due to CIT(A) dismissal without proper notice, ensuring fair hearing in assessment year 2011-12 case. (159 Characters)

ITAT Allows TDS Credit Despite Omission in Return, Upholds Substantive Justice Over Technicalities

April 10, 2025 1959 Views 0 comment Print

ITAT Delhi upholds CIT(A) decision, allowing TDS credit after verification, even if not claimed in return, ensuring fair tax collection.

Discount on issue of ESOP allowed as deduction: ITAT Delhi

April 10, 2025 939 Views 0 comment Print

ITAT Delhi held that discount on issue of Employee Stock Ownership Plan [ESOP] is allowable as deduction under section 37 of the Income Tax Act. Accordingly, additional claim of ESOP expense allowed.

Matter remanded to check whether activity is charitable or General Public Utility

April 9, 2025 591 Views 0 comment Print

ITAT Delhi remanded the matter back to the file of AO to re-consider the activities of assessee trust vis-à-vis its coverage under charitable activities or General Public Utility.

ITAT Delhi directed TPO to accept Advance Pricing Agreement parameters for royalty adjustment

April 9, 2025 582 Views 0 comment Print

ITAT Delhi held that Transfer Pricing Adjustment in respect of transaction of payment of royalty is set aside and Transfer Pricing Officer [TPO] is directed to accept the parameters of determination of compensation as accepted in Advance Pricing Agreement [APA].

Assessment order quashed as mere technical approval granted u/s. 153D: ITAT Delhi

April 9, 2025 1347 Views 0 comment Print

ITAT Delhi held that the approval granted u/s. 153D in the nature of a ‘technical approval’ in symbolic exercise of powers under s. 153D. Hence, the consequential assessment orders based on such repugnant approval under s. 153D is bad in law in tune with earlier years.

Addition based on dumb seized document not sustainable: ITAT Delhi

April 9, 2025 4779 Views 0 comment Print

ITAT Delhi held that seized document merely indicates some rates than pinpointing any specific on-money payment or receipt; as the case may be, involving the assessee. Thus, addition is liable to be deleted.

Adhoc addition post rejection of books of accounts unwarranted: ITAT Delhi

April 8, 2025 1434 Views 0 comment Print

ITAT Delhi held that once the books of accounts are rejected, it doesn’t warrant any adhoc addition. Thus, CIT(A) rightly restricted GP @ 1% instead of 1.5% as estimated by AO. Appeal dismissed, accordingly.

Payment of interest and penalty due to default in payment of license fee is revenue expenditure

April 8, 2025 675 Views 0 comment Print

ITAT Delhi held that interest and penalty due to default in payment of license fee is merely compensatory in nature and hence the same is revenue expenditure. Accordingly, PCIT classifying them to be capital expenditure is not sustainable.

Deduction of S.80P(2)(d) was allowed on interest income earned from Cooperative Banks and Savings Accounts

April 7, 2025 717 Views 0 comment Print

Assessee had appealed against the order dated 12.06.2024 and 18.06.2024 passed by Commissioner of Income Tax (Appeals) [CIT(A)] for the AY 2016-17, 2017-18 and 2018-19,challenging the denial of deduction under section 80P(2)(d) on certain interest incomes.

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