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ITAT Delhi

ITAT deletes addition for Household Drawings

June 24, 2023 1062 Views 0 comment Print

During the scrutiny assessment proceedings, the AO made an estimated addition to the household drawings as the assessee did not provide a plausible reply to justify the expenses considering their family’s constitution and standard of living.

Disallowance u/s 40(a)(ia) unsustainable as TDS not deductible on reimbursement of mobilization and demobilization cost

June 24, 2023 885 Views 0 comment Print

ITAT Delhi held that TDS not deductible u/s 195(1) on the reimbursement of mobilization and demobilization cost to the holding company. Accordingly, disallowance u/s 40(a)(ia) unsustainable.

Addition towards payment of stamp duty in cash unsustainable as cash source of income duly proved

June 24, 2023 3942 Views 0 comment Print

ITAT Delhi held that addition towards payment of stamp duty in cash is not sustainable as source of income such as tuition income, interest income and rental income which is converting to in cash since 20 to 25 years and she is continuously filing her return of income with the department.

Re-assessment notice time barred as conditions prescribed under 1st proviso to section 147 not complied

June 23, 2023 1710 Views 0 comment Print

ITAT Delhi held that the re­assessment notice issued under Section 148 is clearly time barred owing to non compliance conditions prescribed on 1st proviso to Section 147 of the Act. Accordingly, re-assessment proceeding is illegal and without jurisdiction.

ITAT directs AO to Verify & Grant Credit for Dividend Tax Payment

June 22, 2023 1185 Views 0 comment Print

ITAT Delhi case where Catvision Ltd was wrongfully demanded Dividend Distribution Tax by the AO despite timely payments.

Difference in Non-Delivery Derivative Transactions to be taken for Turnover determination for Tax Audit

June 22, 2023 978 Views 0 comment Print

ITAT Delhi nullifies Section 271B penalty on Parag Jain, asserting that only difference in non-delivery derivative transactions should be taken into account when determining turnover for a tax audit.

Maintenance charges taxable as business income since not connected to rental income

June 22, 2023 4074 Views 0 comment Print

ITAT Delhi held that maintenance charges not connected to the rental income cannot be considered as part of rental income. Accordingly, maintenance charge collected is taxable as business income.

Addition of unexplained investment u/s 69 untenable as source of investment duly explained

June 22, 2023 5373 Views 0 comment Print

ITAT Delhi held that addition u/s 69 of the Income Tax Act towards unexplained investment untenable as source of investment made by the appellant stands sufficiently explained.

Disallowance u/s 14A unsustainable as there is no requirement of head-wise bifurcation for computing income u/s 44

June 22, 2023 492 Views 0 comment Print

ITAT Delhi held that as per provisions of section 44 of the Income Tax Act there is no requirement of head wise bifurcation while computing income u/s 44 in case of insurance company. Thus, provisions of section 14A are not relevant to make a disallowance.

ITAT allows business Loss as AO Misunderstands INX News’ Business Activity

June 22, 2023 351 Views 0 comment Print

ITAT Delhi allows INX News Pvt Ltd to claim a business loss, asserting the Assessing Officers failure to comprehend the nature of the companys business activity.

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