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ITAT Delhi

Booking fee collected from non-resident airlines not taxable as royalty

November 1, 2023 1059 Views 0 comment Print

ITAT Delhi held that the booking fee received by the assessee from non-resident airlines is taxable as ‘business income’ and not as ‘royalty’ u/s. 9(1)(vi) of the Income Tax Act and Article 13(3) of Indo-Spain DTAA.

ITAT upholds deletion of additions which was made for Fall in GP Ratio

November 1, 2023 723 Views 0 comment Print

ITAT rules in favor of Kortek Electronics: deletes additions for fall in GP ratio. Know more about the ruling & its implications

Deletion of understated sale consideration by CIT(A) without dealing in fundamental aspects cannot be countenanced in law

November 1, 2023 798 Views 0 comment Print

ITAT Delhi held that deletion of additions on account of understated sale consideration based on loose papers, dairy, documents, etc. seized in search action without dealing with the fundamental aspects of the matter by CIT(A) order cannot be countenanced in law. Accordingly, matter restored back to CIT(A) for fresh determination.

ITAT Delhi dismisses revenue’s appeal due to low tax effect

October 31, 2023 828 Views 0 comment Print

In an appeal against CIT(A)-14, New Delhi’s order, ITAT Delhi dismisses revenue’s case due to low tax effect as per CBDT Circular No. 17/2019 for AY 2011-12

Sale of software not containing any element of service not fall under FTS

October 31, 2023 1695 Views 0 comment Print

In the SoftwareONE Pte. Ltd. vs. ACIT case, the ITAT Delhi ruled that sales of software without any service component are not liable to be taxed as Fees for Technical Services (FTS) under the India-Singapore DTAA.

Addition u/s 68 towards unexplained cash credit unjustified as source of credit entries explained

October 31, 2023 3183 Views 0 comment Print

ITAT Delhi held that addition towards unexplained cash credit under section 68 of the Income Tax Act unjustified as necessary details explaining the source of credit entries duly provided.

Disallowance of foreign travel expenditure justified as business expediency not proved

October 31, 2023 1695 Views 0 comment Print

ITAT Delhi held that disallowance of foreign travel expenditure justified as assessee failed to prove the business expediency of foreign trip and therefore assessee failed to discharge the primary onus.

‘Mark to Market’ loss on forward and further contracts are not contingent in nature

October 30, 2023 1629 Views 0 comment Print

ITAT Delhi held that ‘mark to market’ loss on future and forward contracts are not notional loss of contingent nature. Accordingly, foreign exchange fluctuation loss as claimed by the assessee allowed.

Law Doesn’t Mandate establishment of Nexus Between Interest-Free Funds & Exempt Income Investments by assessee

October 30, 2023 621 Views 0 comment Print

Explore the case of ACIT Vs Punj Lloyd Ltd. regarding disallowance of interest expenses on investments yielding exempt income. Understand legal aspects & decisions.

ITAT Delhi Dismisses Revenue’s Appeal on Low Tax Effect

October 30, 2023 444 Views 0 comment Print

ITAT Delhi dismissed the Revenue’s appeal due to a low tax effect, as the tax effect was below the threshold prescribed by the CBDT Circular.

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