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ITAT Delhi

Section 263 cannot be invoked on debatable issue of taxation of Interest under Land Acquisition Act

April 4, 2024 1104 Views 0 comment Print

Sanjay Kumar Sharma Vs PCIT (ITAT Delhi): ITAT’s ruling on interest under Land Acquisition Act as capital receipt and exempt under Section 10(37) analyzed.

No Section 56(2)(viib) addition for allotment of equity shares by Subsidiary to holding company at premium

April 4, 2024 2241 Views 0 comment Print

Rugby Regency P. Ltd appeals against denial of depreciation on windmills and addition of income under Section 56(2)(viib) of Income Tax Act. Detailed analysis of the case from ITAT Delhi.

No reassessment for Client code modification on failure to prove malafide purpose of shifting profit  

April 3, 2024 1248 Views 0 comment Print

Reassessment proceedings on the ground that assessee was one of the beneficiary of Client Code Modification (CCM) by some broker was quashed as there was no material to infer that such client code modification had been done with the malafide purpose of shifting  the profit or evasion of the tax.

Section 10(10D) Tax Exemption for Employee on Insurance Policy Assignment by Employer

April 3, 2024 2583 Views 0 comment Print

In the Mihir Parikh Vs ACIT case, ITAT Delhi clarifies taxation on maturity proceeds of assigned insurance policies under Sec 10(10D) of Income Tax Act.

Order passed against non-existent entity is liable to be quashed: ITAT Delhi

April 2, 2024 1476 Views 0 comment Print

ITAT Delhi held that passing of an order in the name of an entity which has merged with another entity will make the order void ab initio. Accordingly, the impugned assessment order passed in the name of a non-existent entity is void ab initio and hence liable to be quashed.

ITAT Delhi Restores ICSI vs DCIT Case for Income Tax Exemption Claim Verification

March 31, 2024 906 Views 0 comment Print

The ITAT Delhi orders a review of the Institute of Company Secretaries of India’s income tax exemption claim, sending the matter back for verification by the AO.

Time Limit to Acquire New House for Section 54 Capital Gains Tax Exemption

March 31, 2024 72378 Views 0 comment Print

Delhi ITAT ruled that to claim capital gains benefit under Sec 54, taxpayers must acquire a residential house within three years from the date of old house transfer. Analysis of Mohan Lal Jain case.

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

March 31, 2024 858 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 1017 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 2118 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.

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