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ITAT Delhi

Amount for use of transponder of telecommunication service charges doesn’t qualify as royalty

October 19, 2023 1401 Views 0 comment Print

Held that the amounts received for the use of transponder of tele-communication service charges are not royalty under section 9(1)(vi) of the Income Tax Act and also under Article 12(8) of Indo Netherland DTAA.

ITAT Restores Unexplained Investment Addition Due to Assessee’s COVID-19 Data Challenges

October 19, 2023 615 Views 0 comment Print

ITAT Delhi restores a case involving Golden Traders vs. ITO due to the assessee’s failure to compile data during the COVID-19 pandemic, challenging an addition under Section 69B.

ITAT excludes Infosys as Comparable due to diversified operations & High Turnover

October 19, 2023 1650 Views 0 comment Print

In the case of ACIT vs. Avaya India Pvt. Ltd., ITAT Delhi excludes Infosys from the list of comparables under the software development services segment.

When Substantive Addition is Time-Barred, Protective Addition Also Fails

October 19, 2023 1680 Views 0 comment Print

In the case of Kanav Metals vs. ITO, ITAT Delhi rules that there can be no protective addition in the absence of a substantive addition. Read the full analysis.

Assessment order not bearing DIN number is non-est in the eyes of law

October 18, 2023 3009 Views 0 comment Print

Explore the Ankit Jain vs. DCIT (ITAT Delhi) case, emphasizing the crucial role of DIN in assessment orders. Learn about ITAT’s decision and CBDT circular implications.

Penalty u/s. 271(1)(c) unjustified as voluntary deposit was done before receipt of notice u/s 148

October 16, 2023 1392 Views 0 comment Print

ITAT Delhi held that imposition of penalty under section 271(1)(c) of the Income Tax Act unjustified as voluntary deposit of tax was done before receiving notice under section 148 of the Income Tax Act.

Addition u/s 68 unjustified as sufficient evidences placed to discharge initial onus

October 16, 2023 1326 Views 0 comment Print

ITAT Delhi held that assessee has placed sufficient evidences to discharge initial onus to explain the nature and source of loans. Accordingly, addition u/s. 68 of the Income Tax Act towards unsecured loan unjustified.

Addition towards LTCG sustained as no documentary evidence of lower sale consideration furnished

October 16, 2023 2034 Views 0 comment Print

ITAT Delhi held that addition towards long term capital gain sustained as assessee failed to furnish confirmation from the purchaser company as lower sale consideration was claimed by assessee.

Revision order u/s 263 without satisfying two essential condition is unsustainable

October 14, 2023 723 Views 0 comment Print

ITAT Delhi held that invocation of revisionary power u/s 263 of the Income Tax Act without satisfying two conditions i.e. order was erroneous and it was prejudicial to the interest of revenue is unsustainable in law and liable to be quashed.

Rejection of valuation as DCF method was not there in rule 11UA on date of issue of shares unjustified

October 11, 2023 1197 Views 0 comment Print

ITAT Delhi held that rejection of valuation merely on the ground that on the date of issue of shares, DCF method was not there in Rule 11UA of the ITAT Rules is unjustified in as much as AO failed to demonstrate that methodology adopted by the assessee was not correct.

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