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ITAT Delhi

Agricultural Land in Wife’s Name Eligible for Capital Gain Deduction u/s 54B

December 24, 2023 7059 Views 0 comment Print

Explore the Ravinder Kumar vs ITO case at ITAT Delhi. Learn how the tribunal allowed capital gain deduction under section 54B for agricultural land purchased in the name of the spouse.

DIN Mandatory in 153D Approval and Section 156 Demand Orders: Delhi ITAT

December 22, 2023 1593 Views 0 comment Print

Explore the landmark ITAT Delhi ruling in Finesse Intl. Design Pvt. Ltd. vs. DCIT. CBDT Circular violation deems assessment order invalid. Know more!

Employee holding civil post under a State eligible for section 10(10(i) Gratuity Exemption 

December 20, 2023 351 Views 0 comment Print

TAT) Delhi in case of Chandan Lal Goswami vs. ITO sheds light on the eligibility of employees holding civil posts under a State for gratuity exemption under Section 10(10)(i) of Income Tax Act, 1961.

Section 69 Addition Unjustified for Insignificant Discrepancy in 22 Kt Gold & Polki Jewellery Weight

December 20, 2023 1035 Views 0 comment Print

Addition made under Section 69 on account of the difference in excess stock of 22 Kt Gold and Polki Jewellery was not justified as the total weight of items of 22KT Gold jewelry and 22KT Gold Polki jewelry was 36,943 gms, and as per the estimated value, the difference was merely 113.50 gms, which was 0.32%.

Property Gift Deed cannot be treated as Sham Transaction for mere non-registration of deed

December 20, 2023 47850 Views 1 comment Print

Explore the ITAT Delhi order in ACIT Vs Vibha Taneja case for A.Y. 2014-15. Learn how the CIT(A) defended the assessee against unexplained money addition, citing possession and registered sale deed.

No addition u/s 69A in absence of ownership of money and evidence concerning cash

December 19, 2023 4695 Views 0 comment Print

Addition under section 69A on account of actual cash arranged/paid by assessee to HKA was available with the assessee was not justified as “ownership” of money had not been recorded in the books of account and AO had made only presumption that the said cash was ‘available with the assessee’ without bringing on record any material in support thereof.

Order passed without mentioning DIN Number should be treated as invalid

December 19, 2023 3729 Views 0 comment Print

The Dispute Resolution Panel (DRP) order passed without Document Identification Number (DIN) number should be treated as invalid  and was contrary to the CBDT Circular No.19/2019 dated 14th August 2019 as it was clear in the body of DRP order, no DIN number was mentioned nor there was any reason of not mentioning the DIN number in order of the DRP.

Subsidy by State Government for development of new Multiplexes is capital in nature

December 18, 2023 570 Views 0 comment Print

ITAT Delhi held that incentive / subsidy given by state Governments on account of development of new Multiplexes in the state is capital receipt.

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

December 16, 2023 1638 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 585 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.

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