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ITAT Delhi

ITAT Delhi Upholds Disallowance of Bad Debt for Non-Business Activity

September 29, 2023 855 Views 0 comment Print

Read full text of ITAT Delhi order in Ajay Kumar vs. ACIT, where disallowance of bad debt was upheld as assessee was not involved in a real estate business

Forfeiture of share application money being capital receipt is not taxable

September 28, 2023 3900 Views 0 comment Print

ITAT Delhi held that forfeiture of share application money being forfeiture of a kind of deposits cannot be treated as revenue receipt. The same is capital in nature and hence not taxable.

Reassessment u/s. 147 without new tangible material is unsustainable

September 28, 2023 1680 Views 0 comment Print

ITAT Delhi held that assuming jurisdiction under section 147 of the Income Tax Act without new tangible material is unsustainable and hence the entire reassessment is null and void.

Subsequent Intimation of DIN without quoting It on Body of Assessment Order Is Invalid

September 28, 2023 11016 Views 0 comment Print

Learn about Harish Gupta Vs DCIT case at ITAT Delhi where subsequent intimation of DIN number without quoting it on assessment order is deemed invalid.

Salary not taxable in India in terms of Article 15(1) of India-Netherland DTAA

September 27, 2023 2205 Views 0 comment Print

ITAT Delhi held that salary income not taxable in India both u/s. 9(1) as services are rendered outside India and also not taxable under Article 15(1) of India-Netherland DTAA as required conditions satisfied.

Order framed u/s 153C without incriminating material found during search is unsustainable

September 27, 2023 2073 Views 0 comment Print

ITAT Delhi held that the additions/disallowance, devoid of any incriminating material found during the course of search, cannot validate the assessment orders framed u/s 153C of the Act. Accordingly, assessment orders u/s 153C cannot be sustained and liable to be quashed.

Long term capital gain and indexation accepted for one co-owner needs to be allowed for other co-owner too

September 27, 2023 1239 Views 0 comment Print

ITAT Delhi held that once long term capital gain along with cost of acquisition and indexation accepted in the hands of one of the co-owner of the property, the same needs to be allowed/ accepted for other co-owner of the property too.

Addition deleted as cash withdrawals during pre-demonetization more than cash deposited during demonetization

September 26, 2023 1368 Views 0 comment Print

ITAT Delhi held that when the assessee has shown cash withdrawals during pre demonetization period more than the cash deposited during demonetization then the source cannot be disputed. Accordingly, addition u/s. 68 deleted.

Penalty order quashed due to insufficient service of notice

September 26, 2023 1779 Views 0 comment Print

ITAT Delhi quashed the penalty order passed under section 271(1)(b) of the Income Tax Act as service of notice by way of affixture on the Assessee cannot be construed as sufficient Service of Notice.

Interest not leviable on late deposit of TDS due to Interim Order

September 25, 2023 915 Views 0 comment Print

ITAT Delhi held that interest on late deposit of TDS deleted as assessee was having sufficient cause for not depositing the TDS on time due to the Interim Order passed by the Hon’ble Madras High Court.

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