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ITAT Delhi

Additions based on evidence not confronted to assessee are invalid

June 27, 2023 1251 Views 0 comment Print

A detailed review of ITAT Delhi’s decision in the Dr. Shyam Sunder Doda Vs ACIT case, underscoring the importance of confronting evidence to the assessee before making any tax additions.

Mere acceptance of disallowance not imply furnishing of inaccurate income particulars

June 27, 2023 486 Views 0 comment Print

Comprehensive analysis of the ITAT Delhi’s decision in Gulab Impex Enterprises Pvt. Ltd. Vs ACIT, affirming that mere acceptance of disallowance does not necessarily constitute furnishing inaccurate particulars of income.

ITAT Delhi Grants Deduction for Foreign Travel Expenses of Directors

June 27, 2023 1890 Views 0 comment Print

ITAT Delhi upholds the deduction of foreign travel expenses of directors in the Arms Communications Pvt. Ltd Vs ACIT case, emphasizing the role of these expenses in business growth and prospecting.

Direction by CIT(A) in excess of jurisdiction conferred by section 251 is untenable

June 26, 2023 798 Views 0 comment Print

ITAT Delhi held that direction by CIT(A) to AO to take appropriate action for not deducting TDS from the perquisite in respect of interest free loans given to directors and to take appropriate action to tax the perquisites u/s. 17 of the Act is in excess of jurisdiction conferred by section 251 hence deleted.

Post existence of PE, expense incurred by PE can be set off against connected income

June 26, 2023 1194 Views 0 comment Print

ITAT Delhi held that as Permanent Establishment (PE) exists, interest income being connected to the PE, has to be treated as business profit under Article 7 of the treaty. Accordingly, expenses incurred has to be set off against the interest income.

ITAT Delhi Condones 379-Day Delay due to Miscommunication by CA to NRI Assessee

June 25, 2023 606 Views 0 comment Print

In a recent judgement, ITAT Delhi condoned a 379-day delay in the case of Dominic Savio Dasilva Vs CIT, caused due to miscommunication of Income Tax notices by a chartered accountant to a non-resident Indian.

Assessee’s Non-Participation in Reassessment Proceedings makes Section 292BB Inapplicable

June 25, 2023 600 Views 0 comment Print

The ITAT Delhi quashed a notice issued to a deceased person, stating that Section 292BB of the Income Tax Act is inapplicable if the assessee didn’t participate in reassessment proceedings.

Error in linking of PAN in Bank Account – ITAT deletes addition

June 25, 2023 1578 Views 0 comment Print

The ITAT in Delhi has directed a re-adjudication in the case of Kishan Singh & Associates Vs ITO involving an addition made by AO under sections 69A and 115BBE of the Income Tax Act due to non-filing of ROI.

Taxability of Support/Maintenance Services as FTS – ITAT directs de novo adjudication

June 25, 2023 582 Views 0 comment Print

Explore the key aspects and implications of the case Avaya International Sales Ltd Vs ACIT, wherein ITAT Delhi directed a fresh examination of the taxability of support/maintenance services under the India-Ireland DTAA.

Employees’ contribution to EPF & ESI cannot be disallowed under section 154

June 25, 2023 4476 Views 0 comment Print

ITAT held that the assessing officer’s use of Section 154 before 12.10.2022 to disallow EPF and ESI contributions was not justified, as the issue was debatable and there were conflicting views and such views.

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