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ITAT Delhi

Addition of unexplained cash credit u/s 68 not sustained as nature and source explained

August 17, 2023 1329 Views 0 comment Print

ITAT Delhi held that addition towards unexplained cash credit under section 68 of the Income Tax Act unsustainable as nature and source of credit duly explained by the assessee.

Adoption of lower FMV based on DVO report unjustified as specific feature of property not considered

August 17, 2023 2625 Views 1 comment Print

ITAT Delhi held that there is no justification of adopting lower Fair Market Value (FMV) merely on the basis of DVO report as DVO has failed to consider the specific features of the property commanding higher value.

Section 56(2)(viib) Not Applicable to Non-Resident Share Premium: ITAT Delhi

August 15, 2023 2409 Views 0 comment Print

ITAT Delhi rules on APCA Power Private Limited’s appeal regarding Section 56(2)(viib) of the Income Tax Act. Share premium received from non-resident examined.

No Addition U/s 68 In Hands of Firm For Capital Contribution By Partners

August 14, 2023 4203 Views 0 comment Print

ACIT Vs Ambika Enterprises (ITAT Delhi) In the legal case between ACIT (Assistant Commissioner of Income Tax) and Ambika Enterprises, ITAT Delhi provided insights into capital contributions made by partners in a firm. The focus is on whether any addition under section 68 could be made in the hands of the firm for capital contributions […]

Amendment brought to Establish Source Of Source For Loans Is Effective From 01.04.2023

August 14, 2023 6525 Views 0 comment Print

Analysis of ITO vs Balwan Singh (ITAT Delhi) ruling. The case focuses on the amendment effective from 01.04.2023 about source verification for unsecured loans.

Technical know-how not made available- Sub-Contracting Charges Not Taxable as FIS in India

August 13, 2023 960 Views 0 comment Print

Read the analysis of SPI Global US vs ACIT (ITAT Delhi) case where sub-contracting charges taxability under India-USA DTAA was contested. Learn about the make available clause and the final decision.

PF Payment on Next Working Day if Last Date Falls on a Holiday is allowable: ITAT

August 12, 2023 9681 Views 0 comment Print

Analysis of the ITAT Delhi order in Radial International vs DCIT case. ITAT directs AO to re-examine PF payment disallowance due to holiday on the due date.

Matter already considered and decided by CIT(A) cannot be re-considered in revision proceeding

August 11, 2023 600 Views 0 comment Print

ITAT Delhi held that once a matter has been considered and decided by the ld.CIT(A), the very same issue cannot be the subject matter of consideration at all by PCIT in the revision proceedings either on substantive basis or on protective basis. Accordingly, revision order quashed.

Disaster recovery playout services and up-linking services are not in nature of FTS under India-Singapore DTAA

August 10, 2023 627 Views 0 comment Print

ITAT Delhi held that receipts from disaster recovery playout services and disaster recovery up-linking services are not in the nature of Fee for Technical Service (FTS) as envisaged under Article 12(4)(a) of India-Singapore DTAA.

Addition alleging rate difference of property sold without corroborative evidence unsustainable

August 10, 2023 4791 Views 0 comment Print

ITAT Delhi held that addition alleging different rates quoted/ booked for the same area and same property unsustainable as buyers to whom the space have been sold have admitted to have purchased at the price shown and no other cogent or corroborative evidence brought on record.

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