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ITAT Delhi

ITAT Restores Assessment for Fresh Adjudication, Allows Assessee to Present Evidence

October 1, 2024 606 Views 0 comment Print

ITAT Delhi orders reassessment in Anita Dabas Vs ITO case due to non-speaking order and lack of fair hearing by CIT(A).

LLC as Fiscally Transparent Entity Under US Law eligible for India-USA DTAA Benefits

September 30, 2024 1491 Views 0 comment Print

The article analyzes the treatment of LLCs under the India-USA DTAA, focusing on taxation implications for foreign entities in India.

Cloud Subscription Fees Not Royalty under India-Ireland DTAA: ITAT Delhi

September 30, 2024 1038 Views 0 comment Print

ITAT Delhi rules that subscription fees from cloud services are not taxable as royalty under the India-Ireland DTAA. 

Afzalgarh Mahavidyalya Vs ITO: ITAT Restores Matter for Fresh Review

September 30, 2024 327 Views 0 comment Print

ITAT Delhi restores the appeal of Afzalgarh Mahavidyalya to the AO for fresh adjudication due to the assessee’s failure to provide relevant information.

Cess fees is taxable as income derived from property held under trust: ITAT Delhi

September 28, 2024 636 Views 0 comment Print

ITAT Delhi held that cess fees received by the board is income derived from property held under trust and is thus taxable and the same cannot be treated as capital receipt.

Addition u/s. 56(2)(viib) not sustained as shares issued at lower rate than rate determined by AO: ITAT Delhi

September 28, 2024 585 Views 0 comment Print

The CIT(A) after examining the issue deleted the addition. No document controverting findings of the CIT(A) are brought on record by the Revenue. We find no infirmity in findings of the CIT(A)on this issue. Hence, the same are upheld.

Reassessment was quashed on cash deposits due to AO’s vague reasoning and non-application of mind

September 27, 2024 3207 Views 0 comment Print

Reassessment order was quashed on cash deposits as AO did not possess any credible information to form a belief that income had escaped assessment and there was non-application of mind for reopening the matter.

Damages is capital receipt but interest on damages is revenue receipt: ITAT Delhi

September 24, 2024 1245 Views 0 comment Print

ITAT Delhi held that damages are compensation received is a capital receipt, however, interest on damages is to be treated as revenue receipt hence the same is taxable.

Amount Received from US Broadcasting Company Not Taxable as “Royalty” Under India-US DTAA

September 24, 2024 849 Views 0 comment Print

Distribution revenue received by Turner Broadcasting System Asia Pacific, Inc. ( TBSAP ), a U.S.-based company, from its Indian affiliate was not taxable as “royalty” under the Income Tax Act, 1961, or the India-U.S.

Matter remanded as TP adjustment could not be at ‘NIL’ as determined by TPO

September 23, 2024 930 Views 0 comment Print

Assessee claimed to have receiving services in the fields of technology, Services, Risk Information Management, Head quarter, Technology Services/back office support services/treasury/regional headquarter services etc.

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