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ITAT Delhi

Form Form 3CL issued: Section 35(2AB) deduction cannot be denied

November 12, 2023 2538 Views 0 comment Print

ITAT held that when competent authority issued Form 3CL, which validated assessee’s claim for a deduction that included both capital and revenue expenditure, the departmental authorities could not deny assessee section 35(2AB) deduction.

Sufficient Property Investment Source: ITAT deletes Unexplained Income Addition

November 12, 2023 675 Views 0 comment Print

Learn about the ITAT Delhi case of Sujata Banerjee vs. ACIT, where the Assessing Officer’s addition of unexplained income was deleted due to sufficient source of income.

ITAT Quashes Section 271(1)(c) Penalty Due to Unspecified Offense Notice

November 12, 2023 747 Views 0 comment Print

The ITAT Delhi cancels a penalty imposed on Mideast Integrated Steels Ltd. due to an unqualified offense notice. Learn about the case and its implications.

ITAT Upholds Disallowance of Sales Commission for failure to demonstrate Agent’s Role

November 12, 2023 675 Views 0 comment Print

The ITAT Delhi upholds the disallowance of ‘commission on sales’ due to failure to demonstrate the actual role played by commission agents in procuring sales.

TDS not deductible on web hosting services as such services are not royalty or FTS

November 11, 2023 37647 Views 0 comment Print

ITAT Delhi held that availment of web hosting services do not constitute royalty or FTS and hence payments made thereof for such services are not chargeable to tax in India. Accordingly, TDS not deductible on the same.

Tax Right Income, in Right Hands, under Right Head, in Right Year: ITAT

November 8, 2023 825 Views 0 comment Print

Read the full text of the ITAT Delhi order in the case of Economical Credit & Construction Co. Pvt. Ltd vs. ITO regarding income from land sale tax dispute.

Assessment order passed without mentioning of DIN was invalid and should be deemed to have never been passed

November 8, 2023 4464 Views 0 comment Print

Since there was no DIN mentioned in the assessment order which was contrary to the CBDT Circular No.19/2019 dated 14th August 2019, therefore, the jurisdiction assumed was invalid as generation of DIN subsequently and generation of intimation to be sent to assessee were of no consequence for the purpose of assessment and raising the demand.

Commission @2% of accommodation entries is as per prevailing market rate and hence sustainable

November 6, 2023 2211 Views 0 comment Print

ITAT Delhi held that commission taxed @2% of the amount of accommodation entries provided by the assessee has not been made on ad hoc basis, however, the same is as per prevailing market rate. Accordingly, the addition is sustained.

Addition u/s. 56(2)(vii)(b) due to difference in circle rate & actual amount paid for land sustained

November 6, 2023 2979 Views 0 comment Print

ITAT Delhi held that addition u/s. 56(2)(vii)(b) of the Income Tax Act on account of difference between circle rate and actual amount paid for purchase of land as the land in question was a capital asset.

Section 269SS and 269T are Statutory Liabilities, Not Mere Technical Violations

November 6, 2023 906 Views 0 comment Print

An in-depth analysis of the case Sofitra Impex Pvt. Ltd. vs. ACIT (ITAT Delhi) regarding violations of Section 269SS and 269T of the Income Tax Act.

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