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ITAT Delhi

Cenvat credit left on closure of manufacturing unit allowable as deduction u/s 37(1)

September 14, 2023 681 Views 0 comment Print

ITAT Delhi held that unadjusted cenvat credit left on closure on manufacturing unit, which cannot be utilised further, is allowable as business expenditure under section 37(1) of the Income Tax Act

Give chance to Assessee to establish non-receipt of statutory notices: ITAT

September 14, 2023 1332 Views 0 comment Print

An in-depth analysis of the ITAT Delhi’s order in the case Poonam C/o Sanjeev Anand vs ITO, focusing on the significance of the ruling that assessees should be given a chance to establish non-receipt of statutory notices.

ITAT Quashes Reassessment on grounds of being based on vague & non-descript reasons

September 14, 2023 1341 Views 0 comment Print

An in-depth analysis of ITAT Delhi’s verdict in the case of Captive Commerce Pvt. Ltd. Vs ACIT. The tribunal quashes the reassessment order under Section 148 of Income Tax Act for vague reasons.

Addition u/s. 69A towards unexplained money based on unsigned unexecuted draft agreement unsustainable

September 13, 2023 6828 Views 0 comment Print

ITAT Delhi held that towards unexplained money u/s. 69A of the Income Tax Act merely on the basis of unsigned unexecuted draft agreement to sale without any other collaborative evidence is unsustainable in law.

TPO’s scope is limited to computing arm’s length price of a transaction

September 13, 2023 825 Views 0 comment Print

ITAT Delhi deleted TP adjustment on payment of model fee for export to AEs stating that scope of TPO is limited to determination of arm’s length price and TPO cannot adjudge commercial expediency of a transaction.

ITAT Orders Fresh Adjudication: Section 68 Addition without allowing cross-examination

September 13, 2023 1071 Views 0 comment Print

Analysis of the Shiv Charan Vs ITO case by ITAT Delhi, where a fresh adjudication was ordered on income tax addition u/s 68, focusing on procedural fairness.

Donation out of accumulated funds u/s. 11(2) are not allowable as application of income

September 12, 2023 2214 Views 0 comment Print

ITAT Delhi held that provisions of section 11(3) states that donations given out of accumulated funds u/s 11(2) of the Income Tax Act of earlier previous years are not allowable as application of income for charitable or religious purposes and the same shall be deemed to be income of the assessee.

Profit estimation of 10% instead of 8% adopted under presumptive taxation scheme justified

September 12, 2023 4224 Views 0 comment Print

ITAT Delhi held that estimation of profit at 10%, instead of 8% as adopted under presumptive scheme of taxation provided u/s. 44AD, justified as the same is guided by the principles of objectivity, fairness and consideration of justice.

Cash Deposit during Demonetization from Undisputed Source: ITAT Deletes Addition

September 12, 2023 8973 Views 0 comment Print

Analysis of ITAT Delhi’s decision in Sheo Chand Yadav vs ITO, where the tribunal deleted the income tax addition related to cash deposits during demonetization.

Unit Linked Insurance Plan (ULIP) redemption taxable as capital gain

September 12, 2023 9948 Views 0 comment Print

Explore a detailed analysis of ITAT Delhi ruling on Subhash Tandon Vs ITO, which sheds light on taxability of ULIP redemption as capital gains.

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