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ITAT Delhi

Maintenance charges from corporate members exempt based on principle of mutuality

October 11, 2023 1395 Views 0 comment Print

ITAT Delhi held that maintenance charges received from corporate members is exempt on principle of mutuality. The said receipt doesn’t become taxable merely because it was subjected to deduction of tax at source.

Addition u/s 68 towards unexplained unsecure loan unsustainable as onus duly discharged

October 11, 2023 2235 Views 0 comment Print

ITAT Delhi held that addition u/s. 68 towards unexplained unsecured loan unsustainable as the onus which lays upon the assessee to explain that the entries made are real and not fictitious, has been duly discharged.

TDS not deductible on Interest payment to AU Financiers (India) Ltd.

October 11, 2023 1626 Views 0 comment Print

In case of Maharaja Ganga Mahal vs. ITO (TDS) in ITAT Delhi, where TDS exemption was claimed for interest payments to AU Financiers. Learn outcome and implications

Addition u/s. 68 unsustainable as burden duly discharged by filing required documents

October 10, 2023 729 Views 0 comment Print

ITAT Delhi held that addition under section 68 of the Income Tax Act treating share application money from undisclosed source unsustainable as burden duly discharged by filing confirmation, affidavit, copy of income tax return and bank statement of respective parties.

Assessment Order Without DIN Invalid & deemed as never Issued: ITAT Delhi

October 10, 2023 2178 Views 0 comment Print

In case of Prtatap Singh Yadav Vs DCIT (ITAT Delhi) assessment order was declared invalid due to non-compliance with CBDT Circular No.19/2019.

Income Tax Assessment Order Deemed Invalid as DIN not mentioned

October 10, 2023 2214 Views 0 comment Print

Explore the case of Brandix Mauritius Holdings Ltd vs DCIT, where a missing Document Identification Number (DIN) led to the invalidation of an income tax assessment order

ITAT Orders Reassessment for MEIS License Exclusion under Section 115JB

October 10, 2023 1440 Views 0 comment Print

Aamor Inox Ltd’s appeal against the IT department’s order on MEIS License treatment under the Income Tax Act is directed for denovo adjudication by ITAT Delhi.

Receipt from centralized service is not in nature of FTS hence not taxable in India

October 9, 2023 909 Views 0 comment Print

ITAT Delhi held that revenue received by the assessee for providing centralized services is not in the nature of Fee for Technical Services (FTS) u/s. 9(I)(vi) Explanation of Income Tax Act, but it is a business income and since assessee is not having PE in India, the same is not taxable.

Penalty u/s 270A not imposable in absence of any malafide intention to claim excess deduction

October 6, 2023 3159 Views 0 comment Print

ITAT Delhi held that imposition of penalty under section 270A of the Income Tax Act unsustainable in absence of any malafide intention on the part of the assessee to claim excess deduction under section 32AC of the Income Tax Act.

Service relating to mining of natural resources not taxable in terms of India-Portugal DTAA

October 6, 2023 840 Views 0 comment Print

ITAT Delhi held that amount received towards service rendered by the assessee is in connection with installation/erection of plant and machinery involved in mining of natural resources fall within the exceptions provided under Article 12(5)(f) and 12(5)(g) of India – Portugal DTAA and hence not taxable.

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