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ITAT Delhi

Corpus specific voluntary contributions are outside the scope of taxation

December 8, 2023 2883 Views 0 comment Print

Read ITAT Delhi order in ACIT vs Financial Inclusion Trust, highlighting the exemption of corpus-specific voluntary contributions from taxation. Learn about the legal implications and precedents cited in this case.

Sections 115BBE not applicable to Income not falling under section 69A  

December 8, 2023 7851 Views 0 comment Print

Explore the ITAT Delhi ruling in DCIT vs. Tapesh Tyagi case, clarifying that Section 115BBE doesn’t apply to surrendered income treated under Section 69A.

Income Tax Assessment order not valid if it not contains a DIN: ITAT Delhi

December 6, 2023 1575 Views 0 comment Print

Rama Pashu Aahar (P) Ltd. Vs ACIT (ITAT Delhi): Assessment Order Deemed Invalid without Document Identification Number (DIN)

Receipts from offshore services doesn’t give rise to any income accruing or arising in India hence not taxable

December 6, 2023 1572 Views 0 comment Print

ITAT Delhi held that offshore services that involve offshore supply of drawings and designs are inextricably linked with the offshore supply of Plant and equipment. Accordingly, the receipts from offshore services does not give rise to any income accruing or arising in India and therefore not taxable under the Act.

Tax Authorities cannot step into shoes of businessmen to determine business purpose expenditure

December 5, 2023 6642 Views 0 comment Print

Income tax authorities could not step into the shoes of businessmen to determine how much expenditure should have been incurred for the purpose of business.  as an organization incurred both operating expenses as well as non-operating expenses for running the business and there were certain expenses which were not allocable to a particular activity.

AO Must Specify Penalty Ground in Notice u/s 274 for Valid Section 271(1)(c) Penalty Proceedings

December 4, 2023 1053 Views 0 comment Print

Discover how the ITAT Delhi ruled on penalty proceedings, emphasizing the importance of a precise notice specifying the offense under Section 271(1)(c).

Interest received u/s 28 of Land Acquisition Act taxable as income from other sources

December 1, 2023 1845 Views 0 comment Print

ITAT Delhi dismisses appeal, upholding taxability of interest received under Section 28 of Land Acquisition Act as income from other sources. Details of the case here.

ITAT Allows losses which were disallowed due to incorrect comprehension of Section 43(6) provisions

December 1, 2023 570 Views 0 comment Print

Explore ITAT Delhi’s decision in DCIT Vs Bharti Realty Holdings Ltd, allowing previously disallowed losses due to incorrect interpretation of Section 43(6) provisions.

Issuance of Notice u/s 153C: Invalid Ab-Initio Without Incriminating Documents

November 30, 2023 4227 Views 0 comment Print

Explore the analysis of the ITAT Delhi order dated 1st November 2023, highlighting that the issuance of Notice u/s 153C under the Income Tax Act is deemed invalid ab-initio when no incriminating documents are found during a search. The article delves into the legal arguments, the interpretation of Section 153C, and the significance of the decision. Read to understand the implications for taxpayers and the criteria for a valid notice.

AO cannot disallow Long term capital loss on mere suspicion: ITAT allows Loss on Sale of Shares

November 30, 2023 798 Views 0 comment Print

In a recent decision by the Income Tax Appellate Tribunal (ITAT) Delhi in the case of Paramjit Gandhi vs. DCIT, the Tribunal addressed the disallowance of long-term capital loss on the sale of shares by the Assessing Officer (AO).

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