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ITAT Delhi

ITAT Delhi Restores Freepathshala’s Section 80G(5) Registration Application

March 31, 2024 795 Views 0 comment Print

ITAT Delhi overturns CIT(E)’s rejection of Freepathshala’s 80G (5) registration application despite a 6-year delay, citing similar rulings.

Kachha Arthias cannot take credit of erroneously deducted TDS: ITAT Delhi

March 29, 2024 984 Views 0 comment Print

Delve into the legal intricacies of Rajesh Kumar’s appeal against the CIT(A) order regarding TDS credit denial. Explore the impact on Kachha Arthias and tax liabilities.

CIT(A) Can’t dismiss Appeal for Non-Appearance Without Addressing issues on Merits

March 28, 2024 2052 Views 0 comment Print

Read the detailed analysis of MARC Laboratories Ltd. vs. DCIT case where ITAT Delhi ruled that CIT(A) lacks authority to dismiss appeals on non-prosecution grounds. Full text available here.

ITAT Directs AO to Verify & Allow Assessee’s Depreciation Claim on Assets from Demerged Company

March 27, 2024 513 Views 0 comment Print

In the case of DCIT Vs Avichal Buildcon Pvt. Ltd., ITAT Delhi allows depreciation claim under section 80IC for building, factory, furniture, and plant machinery blocks, settling a crucial taxation dispute.

Mere classification of a supplier as a “bogus concern” doesn’t invalidate transactions outright

March 27, 2024 1110 Views 0 comment Print

Explore case of Polyspin Filteration India Pvt. Ltd. vs ITO, Delhi, shedding light on legal principle that VAT authorities’ classification of a supplier as bogus doesn’t automatically invalidate transactions, requiring factual scrutiny.

Software Sales Not Royalty Income under India-Japan DTAA: ITAT Delhi

March 27, 2024 1026 Views 0 comment Print

Analysis of ITAT Delhi’s ruling: Sale of software products not taxable as royalty under India-Japan DTAA, citing Engineering Analysis case. Details of DCIT Vs Dassault Systems Biovia K.K.

TDS u/s. 195 not deductible on expense of management and marketing support service paid to foreign company: ITAT Delhi

March 27, 2024 2523 Views 0 comment Print

ITAT Delhi held that expense towards management and marketing support service paid to foreign company is not taxable under Fee for Technical Service (FTS) under India-Netherlands Double Taxation Avoidance Agreement (DTAA) and hence TDS not deductible u/s. 195 of the Income Tax Act.

Reopening Without Cogent Material & on Mere Surmise/Conjecture is Unsustainable: ITAT Delhi

March 26, 2024 2826 Views 0 comment Print

ITAT Delhi held that the reopening of assessment had been initiated by mere surmise and conjecture without having any cogent material to form a reasonable belief that income of the assessee had escaped assessment within the meaning of section 147 of the Income Tax Act.

India-Thailand DTAA: Non-Resident’s Fee for Technical Services Exempt from Taxation

March 24, 2024 4581 Views 0 comment Print

Discover the ITAT Delhi ruling on taxing income from providing business support services to Indian group entities. Analysis of Solvay Asia vs. DCIT case under India-Thailand DTAA.

ITAT Directs AO to Review All Documents for Determining Deductible Expenditures

March 23, 2024 645 Views 0 comment Print

ITAT Delhi ruling: Loan advanced for repayment of business operation liabilities considered allowable as business expenditure under section 37(1) of the Income Tax Act.

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