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ITAT Delhi

ITAT Delhi Allows Interest Deduction as Borrowed Funds Were Used for Business Purposes

June 5, 2026 309 Views 0 comment Print

The Tribunal upheld the deduction of interest expenditure after finding that the loan was utilized wholly for business activities. Once business use was established, the deduction could not be denied merely on technical grounds.

Section 43B Addition Quashed as GST Liability Was Shown Only as Liability & not claimed as expense

June 5, 2026 747 Views 0 comment Print

The Tribunal held that Section 43B cannot be invoked where the assessee has not claimed the GST liability as a deduction. Since the amount was not debited to the profit and loss account, the disallowance was deleted.

Section 80G Deduction Allowed as No Restriction Exists for Eligible CSR Donations

June 5, 2026 252 Views 0 comment Print

ITAT Delhi held that CSR-related donations can qualify for deduction under Section 80G when made to institutions approved under that provision. The Tribunal directed verification of eligibility and allowed the claim for statistical purposes.

Section 80G Deduction Allowed as Donations Were Made to Eligible Institutions Despite CSR Obligation

June 5, 2026 177 Views 0 comment Print

ITAT Delhi held that deduction under Section 80G cannot be denied merely because donations were made as part of CSR obligations. The Tribunal ruled that contributions to eligible institutions remain deductible when statutory conditions are satisfied.

No Double Taxation on Liability Write-Back: Delhi ITAT Deletes Section 41(1) Addition and Notional Interest Demand

June 4, 2026 606 Views 0 comment Print

The Delhi ITAT held that liabilities already written back and offered to tax in later years cannot be taxed again under Section 41(1). The Tribunal ruled that such an addition would result in impermissible double taxation.

Copy-Paste Reasons Sink Reassessment: Delhi ITAT Quashes Reopening for Non-Application of Mind

June 4, 2026 372 Views 0 comment Print

The Tribunal ruled that reassessment proceedings cannot survive when reasons recorded for reopening demonstrate non-application of mind. Following the Delhi High Court’s findings in the preceding year, the reassessment was declared invalid.

Penny Stock Allegation fails without direct evidence: ITAT deletes addition on Exempt LTCG

June 3, 2026 759 Views 0 comment Print

Where assessee substantiated purchase, holding and sale of shares of YICL through documentary evidence, DEMAT records, contract notes, STT payments and banking transactions, and Revenue failed to establish any nexus between assessee and alleged price-rigging operators, exemption under section 10(38) could not be denied merely on suspicion or penny-stock allegations.

Real Estate Company Not a Shell Entity Merely Due to Low Turnover and Profits

June 1, 2026 381 Views 0 comment Print

The ITAT held that reassessment cannot be sustained when the Assessing Officer merely relies on an Investigation Wing report without independent verification. The reassessment order was quashed due to lack of independent application of mind.

Section 80IB Deduction Cannot Be Reduced by Section 80HHC Deduction During Computation: ITAT Delhi

June 1, 2026 180 Views 0 comment Print

The dispute concerned whether deduction under Section 80IB should be reduced by the amount already allowed under Section 80HHC. ITAT held that deductions can be computed independently, provided the aggregate deduction does not exceed eligible profits.

ITAT Deletes Expense Disallowance as Revenue Failed to Prove Personal Use

June 1, 2026 615 Views 0 comment Print

The Tribunal held that business promotion, petrol, and travel expenses cannot be disallowed merely on assumptions of possible personal use. In the absence of specific defects or evidence, ad hoc disallowance under Section 37(1) was deleted.

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