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ITAT Delhi

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

March 27, 2024 591 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 1143 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 1119 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 2634 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 2877 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 4755 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 690 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.

Section 14A was inapplicable in absence of exempt income: ITAT Delhi

March 23, 2024 744 Views 0 comment Print

Assessing Officer computed a disallowance under section 14A concerning non-current investments. However, the assessee had not claimed any exempt income. Citing relevant legal precedents, the Tribunal dismissed the disallowance, affirming that section 14A was inapplicable in the absence of exempt income.

Receipt from hotel owners for providing various centralized services cannot be treated as FIS

March 22, 2024 561 Views 0 comment Print

ITAT Delhi held that revenue received from various hotel owners for providing various centralized services cannot be treated as fees for included services (FIS) either under Article 12(4)(a) or 12(4)(b) of the India-US tax treaty. Thus, in absence of PE in India, the same is not taxable.

Management Service Fees paid to non-resident AEs is Deductible Expenses

March 21, 2024 1530 Views 0 comment Print

Explore the ITAT Delhi ruling on the eligibility of management service fees paid to non-resident AEs under section 37(1) of the Income Tax Act in the case of Iris Worldwide Integrated Marketing Pvt. Ltd vs. DCIT.

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