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ITAT Delhi

Business Promotion and Tour & Travels Expenses by a Firm’s Partner are Allowable

July 15, 2023 3954 Views 0 comment Print

Insightful review of the ITAT Delhi ruling on the case Bharat Anand vs ACIT, highlighting the judgement on allowing business promotion and tour & travel expenses of a professional partner in a firm.

ITAT Quashes Reassessment initiated without Tangible Materials

July 15, 2023 750 Views 0 comment Print

Explore the detailed analysis of the judgment passed by ITAT Delhi in the case of Boston Scientific International Vs ACIT, where the tribunal quashed reassessment proceedings due to lack of tangible material.

Exclusion of COVID-19 pandemic period from appeal filing limitation

July 14, 2023 4353 Views 0 comment Print

An examination of the ITAT Delhi’s decision in the SVP Industries Ltd. Vs DCIT case, ruling that the COVID-19 pandemic period should not be included in the limitation period for appeal filing.

No Penalty for Estimated Profit-Based Addition

July 14, 2023 1362 Views 0 comment Print

Detailed analysis of the ITAT Delhi judgement in Kamlesh Gupta Vs DCIT case where the tribunal ruled that addition made on estimated profit does not constitute concealment, hence, no penalty.

Cost of Goods Cannot be Included in Denominator of Profit Level Indicator when comparable are Business Auxiliary Service providers

July 14, 2023 1686 Views 0 comment Print

In present facts of the case, the Hon’ble ITAT observed that since, the assessee is found to be functionally comparable to the business auxiliary service providers, therefore it is established that the assessee has undertaken limited functions and risk in the merchanting trades segment and earns a fixed profit margin.

ITAT Delhi upholds disallowance of belated payment to PF/ESIC

July 14, 2023 933 Views 0 comment Print

ITAT Delhi dismissed appeal of S K G Traders P Ltd against disallowance of employees’ contribution to Provident Fund/ESIC under section 36(i)(va) read with section 43B of Income Tax Act. The ITAT upheld disallowance, citing judgment in Checkmate Services case.

Revenue from operation of hotel/resort taxable under the head “Business income”

July 13, 2023 7341 Views 0 comment Print

ITAT Delhi held that revenue receipt generated from the operation of “Hotel/ Resort” is taxable under the head “Business income” and not under “House Property” as fixed amount was not received in fact revenue was generated on fluctuation basis.

Addition u/s 40A(3) unsustainable as in liquor business strict adherence to payment via banking channel not practicable

July 13, 2023 2379 Views 0 comment Print

ITAT Delhi held that addition u/s 40A(3) of the Income Tax Act unsustainable as the assessee has sufficiently demonstrated that strict adherence to payment through banking channel is, at times, not practicable and has the potential to severally hamper the ongoing business of trading in liquor.

Adhoc disallowance of expense without specific finding is baseless

July 13, 2023 1599 Views 0 comment Print

ITAT Delhi held that disallowance of expenditure on adhoc basis, as a percentage of gross profit, without any specific findings is baseless and liable to be deleted.

Transfer of title completes with registered sale deed & not with mere agreement to sale

July 12, 2023 9918 Views 0 comment Print

ITAT Delhi held that sale transaction cannot be said to be completed as and when the assessee has entered into the agreement to sale. Transfer of title is complete through registered sale deed.

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