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ITAT Delhi

Consultancy service involving substantial technical skill cannot be treated as FIS

September 30, 2023 1899 Views 0 comment Print

ITAT Delhi held that as per India-USA DTAA provision of consultancy services cannot be treated as FIS merely because the service provider while providing consultancy services had used substantial technical skill and expertise.

Income Surrendered During Survey Not Taxable at 60% under Section 115BBE

September 30, 2023 3414 Views 0 comment Print

ITAT Delhi quashes revision order, ruling that additional income surrendered during survey proceedings should not be taxed at 60% under Section 115BBE of the Income Tax Act.

ITAT upheld Section 147 reopening as AO had tangible material in his possession

September 30, 2023 681 Views 0 comment Print

In the case of Lakshman Tools Pvt. Ltd. Vs. ITO (ITAT Delhi), learn about the validity of Section 147 application, non-genuine purchases, and commission payments.

Bonus Share Issuance Not Subject to Section 56(2)(vii)(c): ITAT

September 30, 2023 717 Views 0 comment Print

ITAT Delhi rules on the taxability of bonus shares in the case of DCIT vs. Smt Aruna Chandhok. Detailed analysis of the decision and its implications.

AO’s Lack of Independent Inquiry Invalidates Unexplained Investment addition

September 29, 2023 825 Views 0 comment Print

Analysis of ACIT Vs Karsan Bhai Khimabhai Patel case where AO’s lack of independent inquiry invalidated unexplained investment addition. Learn more about ruling.

Consideration paid for testing ability of candidates doesn’t qualify as royalty hence TDS not deductible

September 29, 2023 564 Views 0 comment Print

ITAT Delhi held that consideration paid for testing the ability of candidates do not fall within the purview of royalty under Article 13 of India-UK DTAA. Hence, there is no obligation withholding of tax u/s 195 of the Income Tax Act.

Inadequate Explanation for Appeal Filing Delay – ITAT denies Condonation

September 29, 2023 936 Views 0 comment Print

Read the full text of the ITAT Delhi order regarding Smt. Nidhi Agarwal’s appeal delay and the denial of condonation due to inadequate explanation.

ITAT Delhi Upholds Disallowance of Bad Debt for Non-Business Activity

September 29, 2023 903 Views 0 comment Print

Read full text of ITAT Delhi order in Ajay Kumar vs. ACIT, where disallowance of bad debt was upheld as assessee was not involved in a real estate business

Forfeiture of share application money being capital receipt is not taxable

September 28, 2023 4017 Views 0 comment Print

ITAT Delhi held that forfeiture of share application money being forfeiture of a kind of deposits cannot be treated as revenue receipt. The same is capital in nature and hence not taxable.

Reassessment u/s. 147 without new tangible material is unsustainable

September 28, 2023 1725 Views 0 comment Print

ITAT Delhi held that assuming jurisdiction under section 147 of the Income Tax Act without new tangible material is unsustainable and hence the entire reassessment is null and void.

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