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ITAT Delhi

Appeal by Suspended Director Post-IRP Appointment Not Maintainable: ITAT

October 3, 2023 1371 Views 0 comment Print

In a recent case, ITAT Delhi ruled that an appeal by a suspended director after appointment of an Interim Resolution Professional (IRP) is not maintainable.

Subscription, professional and training services doesn’t qualify as FTS under India-Netherland DTAA

October 2, 2023 2427 Views 0 comment Print

ITAT Delhi held that income from subscription, professional and training services for use of software doesn’t fall within the definition of Fees for Technical Services (FTS) under India-Netherlands DTAA and hence cannot be taxed in India.

‘Non-cooperative attitude’ alone cannot justify penalties: ITAT Delhi

October 2, 2023 1065 Views 0 comment Print

Explore the case of Alankit Imaginations Ltd vs. DCIT (ITAT Delhi), where penalties were challenged. Learn why a ‘non-cooperative attitude’ alone cannot justify penalties.

Consultancy service involving substantial technical skill cannot be treated as FIS

September 30, 2023 1782 Views 0 comment Print

ITAT Delhi held that as per India-USA DTAA provision of consultancy services cannot be treated as FIS merely because the service provider while providing consultancy services had used substantial technical skill and expertise.

Income Surrendered During Survey Not Taxable at 60% under Section 115BBE

September 30, 2023 3342 Views 0 comment Print

ITAT Delhi quashes revision order, ruling that additional income surrendered during survey proceedings should not be taxed at 60% under Section 115BBE of the Income Tax Act.

ITAT upheld Section 147 reopening as AO had tangible material in his possession

September 30, 2023 627 Views 0 comment Print

In the case of Lakshman Tools Pvt. Ltd. Vs. ITO (ITAT Delhi), learn about the validity of Section 147 application, non-genuine purchases, and commission payments.

Bonus Share Issuance Not Subject to Section 56(2)(vii)(c): ITAT

September 30, 2023 651 Views 0 comment Print

ITAT Delhi rules on the taxability of bonus shares in the case of DCIT vs. Smt Aruna Chandhok. Detailed analysis of the decision and its implications.

AO’s Lack of Independent Inquiry Invalidates Unexplained Investment addition

September 29, 2023 768 Views 0 comment Print

Analysis of ACIT Vs Karsan Bhai Khimabhai Patel case where AO’s lack of independent inquiry invalidated unexplained investment addition. Learn more about ruling.

Consideration paid for testing ability of candidates doesn’t qualify as royalty hence TDS not deductible

September 29, 2023 522 Views 0 comment Print

ITAT Delhi held that consideration paid for testing the ability of candidates do not fall within the purview of royalty under Article 13 of India-UK DTAA. Hence, there is no obligation withholding of tax u/s 195 of the Income Tax Act.

Inadequate Explanation for Appeal Filing Delay – ITAT denies Condonation

September 29, 2023 888 Views 0 comment Print

Read the full text of the ITAT Delhi order regarding Smt. Nidhi Agarwal’s appeal delay and the denial of condonation due to inadequate explanation.

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