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ITAT Delhi

Addition u/s 69A deleted as receipt of gifts in cash on various occasions is common in India

October 30, 2023 2454 Views 0 comment Print

ITAT Delhi held that assessee belonging to upper higher strata of society receipt of gifts in the shape of cash “shaguns” on various occasions such as marriages, birthdays, anniversaries, birth of a child, auspicious festivals and other such occasions is common. Accordingly, addition towards unexplained money u/s 69A deleted.

Penalty u/s 271(1)(c) not leviable in absence of concealment of particulars of income

October 30, 2023 2652 Views 0 comment Print

ITAT Delhi held that penalty under section 271(1)(c) of the Income Tax Act not leviable since there is no concealment of particulars of income by the assessee.

Reassessment unsustainable if No Tangible Link Found Between Income Assessment escaped & formation of Belief

October 28, 2023 1401 Views 0 comment Print

ITAT Delhi held that reopening of assessment without any link between the tangible material and formation of belief of AO that income has escaped assessment is unsustainable and bad-in-law and hence liable to be quashed.

Unjustified Invocation of Revisionary Power of Section 263 When AO’s Conclusion Is Reasonable

October 27, 2023 1185 Views 0 comment Print

ITAT Delhi held that invocation of revisionary power u/s. 263 of the Income Tax Act unjustified when AO has exercised its quasi-judicial powers and arrived at a conclusion with reasonable application of mind.

Foreign travel expenditure incurred in connection with business cannot be disallowed

October 26, 2023 1461 Views 0 comment Print

ITAT Delhi held that disallowance of foreign travel expenditure unjustifiable as the same are incurred in connection with the business of the assessee.

Addition u/s 68 towards sale of shares unsustainable as investment in shares not disputed

October 26, 2023 1875 Views 0 comment Print

ITAT Delhi held that addition under section 68 of the Income Tax Act towards sale of shares by the assessee unsustainable as such transaction cannot be alleged as unexplained/ bogus when department has not disputed investment in shares.

Notice sent on incorrect email addresses: ITAT Directs Re-adjudication

October 26, 2023 1173 Views 0 comment Print

In the case of Syed Nadeem Abbas Vs ITO, ITAT Delhi orders re-adjudication due to incorrect email addresses for hearing notices, ensuring natural justice.

Nature of Land at Agreement Time Determines Agricultural or Industrial Classification

October 26, 2023 1194 Views 0 comment Print

The ITAT Delhi directs re-evaluation of the nature of sold land in the Chander Mani Sharma Vs ITO case, emphasizing the importance of the sale deed for determining agricultural status.

Form 10IC: One-Time Filing for Concessional Tax Rate under Section 115BAA

October 25, 2023 2250 Views 0 comment Print

Explore the ITAT Delhi’s decision in Concentrix Daksh Services vs ACIT case. Understanding the applicability of concessional tax rates and the misconceptions.

No addition on account of royalty in absence of technical knowledge, skill in terms of Article 12(4)(b) of India-Singapore DTAA

October 25, 2023 663 Views 0 comment Print

Receipts from providing information technology related support services could not be considered as royalty and/fees for technical services as while running the services, assessee had not made available any technical knowledge, experience, skill in terms of Article 12(4)(b) of the DTAA and as such, receipts in question were not FTS liable to tax in India.

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