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ITAT Delhi

Assessing Officer Must Substantiate Bogus Creditor Claim: ITAT Delhi

December 14, 2023 660 Views 0 comment Print

Absence of reply from the creditors do not entitle the Assessing Officer to treat the creditors as bogus without bringing any evidence on record to prove the payable are not indeed not required to be paid.

Section 2(22)(e) Deemed Dividend Addition Limited to Shareholders

December 14, 2023 4596 Views 0 comment Print

Explore ITAT Delhi’s ruling limiting deemed dividend addition to shareholders. Details on assessment years 2013-14, 2014-15, and 2015-16. Full text analysis.

Department Must Substantiate Shell Company Claim Despite: ITAT Delhi

December 14, 2023 576 Views 0 comment Print

Even though the department had the authority to dispute the residential status of the assessee merely on the strength of the Tax Residency Certificate (TRC), it was incumbent upon the department to make a proper inquiry and to establish the fact that the party claiming benefit and the strength of the TRC was a shell or conduit company.

Cash Availability with Different Companies Sufficient to Explain Cash Found during Search

December 13, 2023 741 Views 0 comment Print

Explore ITAT Delhi’s ruling in DCIT vs. Creamy Foods Ltd regarding addition of unexplained cash during a search operation. Learn about explanation provided by assessee.

Hyper-technical view cannot be the basis to assume revisionary jurisdiction

December 11, 2023 693 Views 0 comment Print

ITAT Delhi while quashing the revisionary order passed by the Ld. Pr.CIT held that, mere non-deposit in the capital gains scheme account cannot be the basis to deny deduction u/s 54/54F when the LTCG amount had duly been reinvested within the time allowed under 54(1) and that a hyper-technical/perfectionists point of view cannot the basis to assume revisionary jurisdiction.  

Corpus specific voluntary contributions are outside the scope of taxation

December 8, 2023 2037 Views 0 comment Print

Read ITAT Delhi order in ACIT vs Financial Inclusion Trust, highlighting the exemption of corpus-specific voluntary contributions from taxation. Learn about the legal implications and precedents cited in this case.

Sections 115BBE not applicable to Income not falling under section 69A  

December 8, 2023 6813 Views 0 comment Print

Explore the ITAT Delhi ruling in DCIT vs. Tapesh Tyagi case, clarifying that Section 115BBE doesn’t apply to surrendered income treated under Section 69A.

Income Tax Assessment order not valid if it not contains a DIN: ITAT Delhi

December 6, 2023 1050 Views 0 comment Print

Rama Pashu Aahar (P) Ltd. Vs ACIT (ITAT Delhi): Assessment Order Deemed Invalid without Document Identification Number (DIN)

Receipts from offshore services doesn’t give rise to any income accruing or arising in India hence not taxable

December 6, 2023 960 Views 0 comment Print

ITAT Delhi held that offshore services that involve offshore supply of drawings and designs are inextricably linked with the offshore supply of Plant and equipment. Accordingly, the receipts from offshore services does not give rise to any income accruing or arising in India and therefore not taxable under the Act.

Tax Authorities cannot step into shoes of businessmen to determine business purpose expenditure

December 5, 2023 4890 Views 0 comment Print

Income tax authorities could not step into the shoes of businessmen to determine how much expenditure should have been incurred for the purpose of business.  as an organization incurred both operating expenses as well as non-operating expenses for running the business and there were certain expenses which were not allocable to a particular activity.

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