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ITAT Delhi

ITAT delete section addition of Loan taken for Property Purchase

September 16, 2023 1794 Views 0 comment Print

In the case of Ekta Garg Vs ITO (ITAT Delhi), the ITAT ruled that addition under Section 68 & 69 of the Income Tax Act cannot be made if the assessee proves the identity and creditworthiness of lenders for property purchase loans.

Addition cannot be deleted merely for mentioning section 68 instead of 69: ITAT

September 16, 2023 10446 Views 1 comment Print

Analysis of the ITAT Delhi case Gloria Eugenia Rynjah Banerji Vs ITO, focusing on why income tax addition of Rs.2002801 was not deleted despite a technical error by the Assessing Officer.

AO’s Addition u/s 68 Unsustainable: Assessee Proves Identity, Creditworthiness & Genuineness – ITAT

September 16, 2023 1131 Views 0 comment Print

Explore the ITAT Delhi’s judgment in ACIT vs Rishi Infratach Pvt Ltd case pertaining to Section 68. Learn how the court settled matters related to identity, creditworthiness, and genuineness of share capital transactions.

Benefit of indexed cost of acquisition available based on payments dates

September 15, 2023 2322 Views 0 comment Print

ITAT Delhi held that held that benefit of indexed cost of acquisition should be available to assessee based on payments made. Accordingly, AO directed to re-compute gain.

Treatment of cash deposited out of sales as income u/s 68 unjustified as sales not disputed

September 15, 2023 4191 Views 0 comment Print

ITAT Delhi held that the cash deposited out of sales cannot be treated as income u/s 68 of the Income Tax Act once the sales are not disputed by the revenue.

Addition invoking section 41(1) unjustified in absence of any remission or cessation of liability

September 14, 2023 3060 Views 0 comment Print

ITAT Delhi held that addition by invoking provisions of section 41(1) of the Income Tax Act unjustified as liability reflected as outstanding in books of accounts and there is no evidence that such liability has ceased during the year.

Background screening receipts doesn’t qualify as Royalty/ FTS hence not taxable

September 14, 2023 1638 Views 0 comment Print

ITAT Delhi held that receipts from background screening provided by the assessee to its customers in India cannot be regarded as Royalty or Fees for Technical Services (FTS) under Article 13 of the India-UK DTAA and hence not taxable in India.

Cenvat credit left on closure of manufacturing unit allowable as deduction u/s 37(1)

September 14, 2023 729 Views 0 comment Print

ITAT Delhi held that unadjusted cenvat credit left on closure on manufacturing unit, which cannot be utilised further, is allowable as business expenditure under section 37(1) of the Income Tax Act

Give chance to Assessee to establish non-receipt of statutory notices: ITAT

September 14, 2023 1398 Views 0 comment Print

An in-depth analysis of the ITAT Delhi’s order in the case Poonam C/o Sanjeev Anand vs ITO, focusing on the significance of the ruling that assessees should be given a chance to establish non-receipt of statutory notices.

ITAT Quashes Reassessment on grounds of being based on vague & non-descript reasons

September 14, 2023 1437 Views 0 comment Print

An in-depth analysis of ITAT Delhi’s verdict in the case of Captive Commerce Pvt. Ltd. Vs ACIT. The tribunal quashes the reassessment order under Section 148 of Income Tax Act for vague reasons.

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