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ITAT Delhi

Matter restored for AO’s disallowance which was not in terms with section 115JB for fresh verification

April 12, 2024 1017 Views 0 comment Print

Tribunal restored the matter of AO’s disallowance, which was deemed inconsistent with Section 115JB by directing assessee’s claim of deduction for computing book profit under Section 115JB required fresh verification in the light of the Chart furnished by assessee, which had been reproduced in the order.

Transactions in Regular Books Not Incriminating Material; ITAT Deletes Addition

April 10, 2024 1110 Views 0 comment Print

ITAT Delhi states transactions in regular books cannot be deemed incriminating material, dismissing revenue’s appeal against CIT(A) order.

Non-competition fees on account of restrictive covenants is capital receipts: ITAT Delhi

April 10, 2024 627 Views 0 comment Print

ITAT Delhi held that receipt of non-competition fee on account of restrictive covenants in respect of restrain on the source of income are capital receipts. Accordingly, the same is not liable to tax.

Due to uncertainty of revenue recognition income to be taxed on receipt basis: ITAT Delhi

April 8, 2024 1374 Views 0 comment Print

ITAT Delhi held that giving effect to uncertainty of revenue recognition, income rightly offered to tax on the basis of receipts. Accordingly, addition of income based on accrual basis deleted.

ITAT allowed expenditure incurred on Paintings as revenue deeming it essential for Business

April 8, 2024 3825 Views 0 comment Print

Expenditure incurred on paintings was allowable as revenue expenditure deeming it essential for creating a conducive business environment and accordingly to be construed as expenditure wholly and exclusively incurred for the purpose of business of assessee.

Order passed without implementing direction of DRP is void-ab-initio: ITAT Delhi

April 8, 2024 2313 Views 0 comment Print

ITAT Delhi held that AO is bound to follow the directions of DRP. Accordingly, final assessment order passed by AO without implementing direction of DRP makes the assessment order void-ab-initio.

No section 56(2)(viib) addition for Share allotment at premium by Subsidiary to Holding Company

April 5, 2024 1122 Views 1 comment Print

ITAT Delhi in case of KBC India Pvt. Ltd. vs. ITO held that equity shares were allotted by the assessee to its holding company at premium and in such a scenario no addition can be made u/s 56(2)(viib) of the Act

AO cannot invoke Section 56(2)(viib) if Discounted Cash Flow method used for Share Valuation

April 5, 2024 1419 Views 0 comment Print

Explore the ITAT Delhi ruling on valuation of shares in DCIT Vs Hometrail Buildtech Pvt. Ltd. case for Assessment Year 2015-16. Analysis, implications, and conclusions discussed.

TDS deductible u/s. 192 on reimbursement of Leave Travel Concession: ITAT Delhi

April 5, 2024 3915 Views 0 comment Print

ITAT Delhi held that TDS is required to be deducted under section 192 of the Income Tax Act on the reimbursement of LTC (Leave Travel Concession) /LFC (Leave Fare Concession) and HTC (Home Travel Concession).

Section 68 addition invalid if creditworthiness proven: ITAT Delhi

April 4, 2024 1233 Views 0 comment Print

In the ITAT Delhi case I.T.O Vs Placid Buildwell Pvt Ltd, the addition u/s 68 was deemed invalid as creditworthiness was proven. Detailed analysis here.

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