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ITAT Delhi

Addition u/s 68 invalid if Transaction genuineness & Creditors identity/creditworthiness proved

August 24, 2023 4545 Views 0 comment Print

ITAT Delhi held that addition under section 68 towards unsecured loan amount unjustified as identity and creditworthiness of creditors and genuineness of transaction duly proved by way of documentary evidences.

Disallowance of contingent liability unjustified if not claimed as expenditure

August 24, 2023 4326 Views 0 comment Print

ITAT Delhi held that the expenditure not claimed cannot be disallowed while determining the taxable income. Hence, disallowance of contingent liability as expenditure unjustified as the same was never claimed as expenditure for the purpose of determining total income.

Depreciation eligible on Solar Power Plant as electricity utilized for factory operations

August 24, 2023 22269 Views 0 comment Print

ITAT Delhi held that depreciation on Solar Power Plant installed on office building which is part of factory and electricity so generated is used for factory only is allowable as per provision of law.

Reputation Protection Costs deductible under Section 37 of Income Tax Act

August 23, 2023 1725 Views 0 comment Print

ITAT Delhi ruling on ACIT vs. Liberty Shoes Ltd. case. Expenditure to avoid reputation damage and litigation costs allowed as valid business expense under Section 37 of Income Tax Act.

Departmental authorities cannot question validity of Tax Residency Certificate

August 23, 2023 1329 Views 0 comment Print

ITAT Delhi held that that the departmental authorities cannot question the validity of Tax Residency Certificate. Once the assessee holds a valid TRC, it proves the residential status of the assessee as resident of Mauritius, hence, it will be eligible to treaty benefits.

Addition of Offshore Supply Income to PE in India on account of loss Unjustified

August 22, 2023 828 Views 0 comment Print

ITAT Delhi held that addition on account of attributing income from offshore supplies to permanent establishment in India unjustified in case of loss.

TDS Exemption on HUDA Payments: ITAT Delhi Ruling

August 22, 2023 5337 Views 0 comment Print

An analysis of ITAT Delhi’s order in ITO Vs Santur Builders Pvt Ltd, stating that TDS is not applicable on EDC payments to HUDA on behalf of State Government.

Cost-to-cost reimbursement of secondment of employees not FTS under India-USA DTAA

August 21, 2023 2568 Views 0 comment Print

ITAT Delhi held that cost to cost reimbursement on account of secondment of employees cannot be treated as Fees for Technical Services (FTS) as defined under Article 12 of India USA-Double Tax Avoidance Agreement (DTAA).

Belated Filing under IT Act 139(4) Can’t Deny Section 80P Tax Deduction: ITAT

August 21, 2023 5634 Views 0 comment Print

Insights into ITAT Delhi’s verdict on the denial of income tax deduction due to belated returns under Section 139(4) of the Income Tax Act for AY 2019-20.

Business Nexus Required for Allowance of Bad Debts Claim: ITAT

August 21, 2023 618 Views 0 comment Print

Analysis of ITAT Delhi’s ruling in DCIT vs Centum Learning Ltd on debts claim, business nexus & re-adjudication. A critical look at the order dated 12.04.2019.

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