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ITAT Delhi

TDS u/s 194J and not u/s 192B applicable on payment made to Consultant/Retainer Doctors

December 16, 2023 3378 Views 0 comment Print

No TDS under Section 192B on payments made to consultant doctors and retainer doctors as the provisions of section 194J applied to the retainer-doctors and not those of section 192B after noting differences between the two types of agreements i.e. salaried doctors and doctors appointed on retainership basis and the certain clauses in contract with retainers which gave the erroneous impression to AO of creating an employer-employee relationship had been explained by assessee that they did not create such a relationship.

No revision u/s 263 on account of income received from Fly Ash and Cenosphere

December 16, 2023 1221 Views 0 comment Print

While granting relief to NTPC, the proceeding under Section 263 could not be initiated on account of income received from the fly ash and cenosphere  as in view of the notification of the Government the fly ash fund transferred to NTPC Ltd.

Assessing Officer Must Substantiate Bogus Creditor Claim: ITAT Delhi

December 14, 2023 1002 Views 0 comment Print

Absence of reply from the creditors do not entitle the Assessing Officer to treat the creditors as bogus without bringing any evidence on record to prove the payable are not indeed not required to be paid.

Section 2(22)(e) Deemed Dividend Addition Limited to Shareholders

December 14, 2023 5040 Views 0 comment Print

Explore ITAT Delhi’s ruling limiting deemed dividend addition to shareholders. Details on assessment years 2013-14, 2014-15, and 2015-16. Full text analysis.

Department Must Substantiate Shell Company Claim Despite: ITAT Delhi

December 14, 2023 1050 Views 0 comment Print

Even though the department had the authority to dispute the residential status of the assessee merely on the strength of the Tax Residency Certificate (TRC), it was incumbent upon the department to make a proper inquiry and to establish the fact that the party claiming benefit and the strength of the TRC was a shell or conduit company.

Cash Availability with Different Companies Sufficient to Explain Cash Found during Search

December 13, 2023 1368 Views 0 comment Print

Explore ITAT Delhi’s ruling in DCIT vs. Creamy Foods Ltd regarding addition of unexplained cash during a search operation. Learn about explanation provided by assessee.

Hyper-technical view cannot be the basis to assume revisionary jurisdiction

December 11, 2023 1050 Views 0 comment Print

ITAT Delhi while quashing the revisionary order passed by the Ld. Pr.CIT held that, mere non-deposit in the capital gains scheme account cannot be the basis to deny deduction u/s 54/54F when the LTCG amount had duly been reinvested within the time allowed under 54(1) and that a hyper-technical/perfectionists point of view cannot the basis to assume revisionary jurisdiction.  

Corpus specific voluntary contributions are outside the scope of taxation

December 8, 2023 2976 Views 0 comment Print

Read ITAT Delhi order in ACIT vs Financial Inclusion Trust, highlighting the exemption of corpus-specific voluntary contributions from taxation. Learn about the legal implications and precedents cited in this case.

Sections 115BBE not applicable to Income not falling under section 69A  

December 8, 2023 7968 Views 0 comment Print

Explore the ITAT Delhi ruling in DCIT vs. Tapesh Tyagi case, clarifying that Section 115BBE doesn’t apply to surrendered income treated under Section 69A.

Income Tax Assessment order not valid if it not contains a DIN: ITAT Delhi

December 6, 2023 1668 Views 0 comment Print

Rama Pashu Aahar (P) Ltd. Vs ACIT (ITAT Delhi): Assessment Order Deemed Invalid without Document Identification Number (DIN)

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