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ITAT Delhi

Filing of Form 10B is a procedural requirement & should not negate substantive claim of exemption

August 19, 2024 1278 Views 0 comment Print

Delhi ITAT rules that the requirement of filing Form 10B is procedural, allowing Section 11 exemption for an educational trust despite delayed filing.

No Penalty for Misreporting Without Malafide Intent: ITAT Delhi

August 19, 2024 1452 Views 0 comment Print

ITAT Delhi ruled that penalties for income misreporting cannot be imposed if there’s no malafide intention. Pranav Vikas India Pvt Ltd Vs DCIT.

Stay Application Against Trust Registration Cancellation Rejected: Irreparable Loss Not Proven, ITAT Delhi

August 18, 2024 954 Views 0 comment Print

n Legal Initiative For Forest And Environment (LIFE Trust) Vs PCIT (ITAT Delhi), the stay application was denied as the test for irreparable loss was not met.

Condition of ‘make available’ not satisfied hence technical service not taxable: ITAT Delhi

August 16, 2024 594 Views 0 comment Print

ITAT Delhi held that the condition of make available was not satisfied for services when provided by assessee did not enabled the AEs to apply the technology independently. Thus, technical service provided to AEs not taxable.

ITAT rejects Bad Debt Claim in respect of Loan to related entity by NBFC

August 16, 2024 684 Views 0 comment Print

ITAT Delhi rules against Instronics Limited’s bad debt claim, asserting NBFC loan was merely fund transfer, upholding Rs. 53.11 lakh disallowance.

Employee’s contribution to EPF/ESI Disallowed if Paid Late: ITAT Delhi

August 16, 2024 1350 Views 0 comment Print

ITAT Delhi ruled that timely EPF/ESI deposits are crucial for claiming tax deductions under Section 36(1)(va). Learn more about the Kanwar Enterprises Pvt. Ltd. case.

Amount paid by Donor as well as Holding Period of previous owner is required for purpose of computing capital gain in case of ‘Gift’

August 12, 2024 4467 Views 0 comment Print

Assessee, a resident of USA, filed his return claiming refund of Rs.58,57,820/-. During assessment year, assessee had sold two properties for consideration of Rs.1,95,00,0000/- and Rs.72,36,552/- respectively.

TDS on unfinished work deductible post receipt of 100% revenue of project: ITAT Delhi

August 12, 2024 909 Views 0 comment Print

The assessee had filed return of income of Rs.92,06,590 which was selected for complete scrutiny and during the course of assessment proceedings, AO had examined the expenses debited in regard to the sets under consideration.

CIT(A) cannot pass ex-parte order without affording opportunity of being heard: ITAT Delhi

August 12, 2024 1095 Views 0 comment Print

ITAT Delhi held that passing of an order ex-parte by CIT(A) without affording adequate opportunity of hearing is unjustified. Accordingly, matter restored to the file of Ld. CIT(A).

Addition of excess stock merely based on recorded statements untenable: ITAT Delhi

August 8, 2024 1023 Views 0 comment Print

ITAT Delhi held that addition towards excess stock merely on the basis of recorded statements and without any corroborative evidence of unaccounted sales is untenable in law. Accordingly, addition deleted.

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