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ITAT Delhi

Applicability of TDS provisions requires clear identification of payees

February 14, 2024 1122 Views 0 comment Print

Delhi ITAT’s ruling in the case of ACIT vs Artemis Medicares Services Ltd highlights the implications of voluntary disallowance of expenses under section 40(A)(ia) and its impact on the taxpayer’s default status under section 201(1).

ITAT Clears Transfer Pricing Battle for Boeing India

February 14, 2024 759 Views 0 comment Print

ITAT Delhi resolves Boeing India’s transfer pricing dispute, clearing an INR 21,52,899 adjustment tied to operational inactivity and a merger with BCIL.

Management Fee Treated as Interest: Exemption under India-Germany DTAA

February 14, 2024 1119 Views 0 comment Print

Delhi ITAT rules management fee on ECB falls under ‘interest’ as per Sec 2(28A), exempt under India-Germany DTAA Art.11, aiding Aka Ausfuhrrkreditgesellschaft MBH.

Cash Deposits Explained by Sale Proceeds Not Unexplained Credit: ITAT Delhi

February 13, 2024 2499 Views 0 comment Print

Uncover the Delhi ITAT ruling where cash deposits from sale proceeds, if properly explained, aren’t deemed unexplained credits. Read a detailed case analysis.

Funds Held in Fiduciary Capacity by Trust cannot be Treated as Income: ITAT Delhi

February 13, 2024 1167 Views 0 comment Print

Delhi ITAT’s landmark decision: Funds received by charitable trusts under Swachh Bharat Abhiyan in a fiduciary capacity are not considered income. Details inside.

Improper Vouchers Alone Insufficient for Ad Hoc Disallowance: ITAT Delhi

February 13, 2024 942 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 2208 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 1866 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 1506 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 777 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.

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