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ITAT Delhi

No addition u/s 41 for opening balance of trade payables in absence of verification of parties

October 25, 2023 1617 Views 0 comment Print

AO without bringing any material or reasons before making any addition, simply added back the opening balances of the trade payables without making any verification from the parties and he had failed to discharge the preliminary onus and had made the addition in summary manners, therefore, CIT(A) had committed no error in deleting the addition made u/s 41.

ITAT ruling on TDS on Casual Labour Expenses

October 25, 2023 12615 Views 0 comment Print

ITAT Delhi’s ruling in Amtech Engineers vs. ITO clarifies that TDS is not applicable under section 194C for casual labor expenses in road construction and crane hiring.

No section 69 addition in hand of shareholder for unexplained investment

October 25, 2023 1125 Views 0 comment Print

Case study: JCIT vs. Ajay Sharma. Read NFAC introduction to the case & its findings on Rs. 1.95 crores addition on account of unexplained investment under Section 69 of Income Tax Act.

Penalty Not Leviable under Section 271AAA Without Specific Inquiry

October 25, 2023 1083 Views 0 comment Print

In a case of Vikram Dhirani vs. DCIT, ITAT Delhi rules in favor of the assessee, deleting the penalty under section 271AAA due to the lack of opportunity to explain undisclosed income source during search proceedings.

CBDT Circular doesn’t Apply to Non-Penny Stock Share Transactions

October 25, 2023 1308 Views 0 comment Print

DCIT vs. Krishan Kumar case: ITAT Delhi dismisses appeal by the Department regarding share transaction, ruling it doesn’t fall under the CBDT Circular exception.

Assessee’s Valuation Report cannot be discredited without DVO’s Report

October 25, 2023 1287 Views 0 comment Print

In the case of Shekhar Bharti vs. ITO (ITAT Delhi), the article explores how the valuation report was discredited, affecting the tax assessment.

Section 56(2)(vii)(b) Not Applicable to Companies before 01.04.2017

October 24, 2023 2142 Views 0 comment Print

ITAT Delhi’s decision regarding applicability of Section 56(2)(vii)(b) to companies before April 1, 2017 in case of Rhythm Polymers Pvt. Ltd. vs. PCIT.

Receipts doesn’t qualify as FIS under India-USA DTAA as service rendered without transfer of technical know-how

October 23, 2023 1005 Views 0 comment Print

ITAT Delhi held that services are rendered without transfer of technical knowledge, skill, know-how, etc. and accordingly the receipts doesn’t qualify as FIS (Fees for Included Services) under Article 12(4)(b) of the India – USA Double Taxation Avoidance Agreements (DTAA).

Addition u/s. 69A unsustainable as cash found during search duly explained

October 23, 2023 3036 Views 0 comment Print

ITAT Delhi held that addition u/s. 69A of the Income Tax Act unsustainable as cash found during search involves cash belonging to the family members and cash belonging to company.

No Addition Based on Unsubstantiated WhatsApp Conversation Between Employees

October 22, 2023 4659 Views 0 comment Print

In a crucial verdict, ITAT Delhi cancels Rs. 5,75,000 u/s 69C addition in Designers Point vs ACIT case due to lack of substantial evidence from WhatsApp chats.

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