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ITAT Delhi

Difference in Transaction Perception Doesn’t Mean Inaccurate Particulars

August 6, 2023 543 Views 0 comment Print

Delhi ITAT removes penalty on Riyasat Palaces Limited in tax dispute with ACIT, redefining interpretation of inaccurate particulars.

ITAT Deletes Unexplained Investment Addition, Considering Gift by Husband from Explained FundsITAT Deletes Unexplained Investment Addition, Considering Gift by Husband from Explained Funds

August 6, 2023 1413 Views 0 comment Print

Get a comprehensive breakdown of the ITAT Delhi case, Rukshana Begum vs ITO, involving explained funds and investment for wife’s financial security in old age.

Rendering cloud computing services not liable to tax in India as royalty or FTS/FIS

August 5, 2023 14796 Views 0 comment Print

ITAT Delhi held that rendering cloud computing services/ Amazon Web Services (AWS Services) cannot be held to be liable to tax in India either as royalty or as Fees for Technical Services (FTS)/ Fees for Included Services (FIS).

Notice u/s 153C beyond six Assessment Year from date of recording of satisfaction note is without jurisdiction

August 4, 2023 9270 Views 0 comment Print

ITAT Delhi held that issuance of notice u/s 153C of the Income Tax beyond six Assessment Year immediately preceding the Assessment year from the date of recording of satisfaction note/ handling over of relevant material is not in accordance with law.

ITAT Allows Tax Deduction on Agricultural Land Compensation

August 4, 2023 5412 Views 0 comment Print

Read the full text of the order by ITAT Delhi in Virender Rathee vs ITO case. The ITAT allows tax deduction on interest received from enhanced compensation against compulsory acquisition of agricultural land.

PCIT cannot Initiate Revision Proceedings after disposal of appeal by CIT(A)

August 4, 2023 948 Views 0 comment Print

CIT(A) resolved the appeal, considering the TDS credit issue, on 08/05/2019. Therefore, PCIT can’t invoke s.263 revision proceedings for the same issue, per Explanation-1(c) to section 263(1) of the Act.

Denial of deduction u/s. 80HHC merely stating income are not derived from export unjustified

August 3, 2023 1074 Views 0 comment Print

ITAT Delhi held that income classified as ‘business income’ but not considered for the purpose of working of deduction u/s 80HHC merely on the nomenclature that income are not derived from export is unjustifiable as it is not justified that income has no nexus with earning of export.

AO cannot Rectify PCIT’s Mistake under VSVS Scheme: ITAT Delhi)

August 3, 2023 1614 Views 0 comment Print

Explore the case Dariyav Singh Vs ITO. Understand why the Assessing Officer was deemed unfit to rectify the Principal CIT’s mistake in form 5 under VSVS Scheme.

Advisory Services Receipts Not Taxed as Technical Knowledge under India-UK DTAA: ITAT

August 2, 2023 3366 Views 0 comment Print

In present facts of the case, it was held that the services rendered were in the nature of advisory services as per the terms of the agreement, therefore these services cannot be the part of Fees for Technical Services (FTS) under Article 13 of India – UK DTAA.

Capital Expenditure Incurred Only When Whole Machine is Replaced, Not for Parts

August 1, 2023 2544 Views 0 comment Print

In present facts of the case, the Hon’ble Tribunal while deducting the additions made by Ld. AO for repair and maintenance, it was observed that if the replacement is of a baby part only, then the same cannot be considered to be a capital expenditure.

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