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ITAT Delhi

Donation/Capitation Fee Payment Case: ITAT Deletes Addition Due to Lack of Evidence

June 27, 2025 552 Views 0 comment Print

Delhi ITAT deletes ₹24 lakh unexplained expenditure addition on Hitesh Rohilla, citing lack of direct evidence linking alleged capitation fee payment to the assessee.

Penalty U/S 271(1)(b) Cancelled If Overall Compliance Satisfies AO: ITAT Delhi

June 27, 2025 1035 Views 0 comment Print

Delhi ITAT rules against Section 271(1)(b) penalty for non-compliance when the assessment is ultimately completed under Section 143(3) without additions.

ITAT: Lump-Sum Addition Allowed, Section 115BBE Effective Post-April 2017

June 27, 2025 858 Views 0 comment Print

The ITAT Delhi partially allowed the Revenue’s appeal against Rai Bahadur Narain Singh Sugar Mills Ltd, making a lump-sum addition of ₹5 lakh for unexplained cash deposits during demonetization.

ITAT Delhi Directs AO to Apply Peak Credit Theory for Cash Deposits

June 27, 2025 861 Views 0 comment Print

The ITAT Delhi has directed the NFAC to apply the peak credit theory and allow set-off against agricultural income for unexplained cash deposits in the reassessment of Shakti Singh.

Royalty income, uncertain in collection, cannot be taxed merely due to TDS deduction

June 27, 2025 588 Views 0 comment Print

ITAT Delhi rules that royalty income, uncertain in collection, cannot be taxed merely due to TDS deduction. Real income theory and AS-9 prevail.

CIT(A) should have admitted alternate claim of Section 54 Exemption: ITAT Delhi

June 27, 2025 768 Views 0 comment Print

ITAT Delhi sets aside CIT(A) order, remanding Amit Gupta’s reassessment case for fresh review of Section 54F deduction and validity of Section 147 reopening

Revision u/s 263 Quashed: No Error or Revenue Prejudice Demonstrated

June 26, 2025 405 Views 0 comment Print

ITAT Delhi held that revision under section 263 of the Income Tax Act not justified as PCIT failed to demonstrate that assessment order was erroneous and prejudicial to the interest of revenue. Accordingly, revision order quashed.

Section 2(22)(e) Deeming Fiction Not Applicable: Advance Not Made to Shareholder – ITAT Delhi

June 26, 2025 396 Views 0 comment Print

ITAT Delhi held that deeming fiction of section 2(22)(e) of the Income Tax Act cannot be attracted when loan or advances are made to person not being shareholder. Accordingly, CIT(A) rightly deleted the addition and hence appeal filed by revenue dismissed.

GE Steam Power System’s Income Tax Appeals Dismissed on opting VSVS

June 26, 2025 522 Views 0 comment Print

The ITAT Delhi dismissed GE Steam Power Systems’ appeals for AY 2015-16 and 2016-17 after the company opted for the Vivad se Vishwas Scheme, allowing future revival if the settlement fails.

Orange India TP Case: Segregation & Headcount Method Ordered

June 26, 2025 1074 Views 0 comment Print

ITAT Delhi remands Orange Business Services India’s transfer pricing case, ordering separate benchmarking for IT and ITES segments based on consistency and directing the use of the headcount method for expense allocation.

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