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ITAT Delhi

Improper Vouchers Alone Insufficient for Ad Hoc Disallowance: ITAT Delhi

February 13, 2024 318 Views 0 comment Print

Explore the case of Zheng Yuan Mobiles Pvt. Ltd. vs DCIT at ITAT Delhi. Learn why improper vouchers led to disallowance and how it was overturned.

Section 56(2)(viib) Inapplicable for Share Allotment at Premium by Subsidiary to Holding Company

February 13, 2024 1152 Views 0 comment Print

ITAT Delhi dismisses Revenue’s appeal, confirming that share premium from a holding company’s equity shares does not fall under Section 56(2)(viib) of the Income Tax Act.

Subscription, professional and training services not FTS hence not taxable: ITAT Delhi

February 13, 2024 552 Views 0 comment Print

ITAT Delhi held that subscription, professional and training services rendered by the assessee do not fall within the definition of FTS under India-Netherland DTAA and, therefore, cannot be taxed in India.

Substitution of sale consideration or investment cost by FMV outside purview of sec. 50C and 56(l)(vi)/(vii) prohibited

February 13, 2024 543 Views 0 comment Print

ITAT Delhi held that “full value of consideration” or “cost of investment” cannot be substituted by the fair market value (FMV), except in the case falling within the purview of 50C and Sec. 56(l)(vi)/(vii) of the Income Tax Act.

Section 40A(2)(a) Disallowance Requires Fair Market Value Assessment: Arbitrary Ad Hoc Disallowances Not Upheld

February 12, 2024 414 Views 0 comment Print

Delve into ITAT Delhi’s verdict on ACIT vs Noida Cyber Park Pvt. Ltd., emphasizing the need for fair market value assessment in Section 40A(2)(a) disallowances and rejecting arbitrary ad hoc deductions.

No Addition u/s 69A for NRI’s cash deposit during Demonetization in NRO Account from earlier Withdrawals

February 12, 2024 690 Views 0 comment Print

ITAT Delhi deletes addition under section 69A of Income Tax Act in Viren Bakhru vs. ACIT case. Assessee’s explanation of cash deposit during demonetization accepted.

Addition for Unexplained Cash Investment Without Proper application of mind Unjustified

February 12, 2024 879 Views 0 comment Print

In the case of Shiv Kumar Nayyar vs. DCIT, the Delhi ITAT nullified an addition of cash investment, citing lack of proper application of mind in proceedings.

Errors in selection of comparables: ITAT Delhi Remits Matter back to TPO/AO

February 9, 2024 303 Views 0 comment Print

In the case of American Express Services India Ltd. Vs DCIT, Delhi ITAT remits the matter for correct market segment selection, following earlier order. Full text of the ITAT Delhi order included.

Addition under Section 68 Unjustified Without Falsity in Identity Documents: ITAT Delhi

February 9, 2024 1014 Views 0 comment Print

ITAT Delhi held that AO is not justified in adding unsecured loan received u/s. 68 as AO has rejected the evidences furnished by the appellant without establishing falsity of the documents. Further, documents duly proved identities and source of investors.

Section 148 notice was void ab initio if no prima facie satisfaction recorded

February 9, 2024 714 Views 0 comment Print

Read how the Delhi ITAT nullifies the reassessment of AEP Investments (Mauritius) Ltd. vs ACIT, citing lack of prima facie evidence of income escapement. Full order analysis.

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