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ITAT Delhi

Section 263: Revisionary power cannot be initiated on the basis of audit objection

September 9, 2023 2370 Views 0 comment Print

An in-depth analysis of the case between Majestic Properties Pvt. Ltd and PCIT at ITAT Delhi. The case examines the limitations of revisionary power under section 263 based on audit objections. Discover key outcomes and implications.

Gain from sale of equity shares is exempt under Article 13(4) of India-Mauritius DTAA

September 9, 2023 1500 Views 0 comment Print

ITAT Delhi held that as shares were acquired prior to 01.04.2017, gain derived from sale of such equity shares is exempt under Article 13(4) of India-Mauritius DTAA.

No Disallowance for delayed PF Deposit due to EPFO Portal Glitches

September 9, 2023 8175 Views 0 comment Print

Learn about the ITAT Delhi’s ruling on FIL India Business & Research Services Pvt Ltd Vs ACIT, where technical issues on EPFO’s portal excused a PF delay.

Addition towards unexplained investment u/s 69 based on presumptions unsustainable

September 6, 2023 1851 Views 0 comment Print

ITAT Delhi held that entire addition towards unexplained investment under section 69 of the Income Tax Act merely on the basis of presumption is unsustainable in law.

Income Once Taxed as House Property Can’t Be Stray-Taxed as Business Income Later

September 5, 2023 1128 Views 0 comment Print

An in-depth analysis of the ITAT Delhi case between ACIT and International Recreation Parks. Learn why income taxed as house property can’t be taxed as business income later.

Employee Departure Justifies E-notice Non-Compliance: ITAT

September 5, 2023 666 Views 0 comment Print

Egis International S.A. Vs ACIT (ITAT Delhi) The Income Tax Appellate Tribunal (ITAT) Delhi recently adjudicated a noteworthy case involving Egis International S.A. and Assistant Commissioner of Income Tax (ACIT). The core issue revolved around whether non-compliance with an e-notice, due to the concerned employee leaving the company, could be considered a “reasonable cause.” The […]

Waiver of Loan Not Cessation of Trading Liability under Section 41(1): ITAT Delhi

September 5, 2023 1452 Views 0 comment Print

Analysis of ITAT Delhis ruling in Luxor Writing Instruments (P) Ltd Vs DCIT. The tribunal clarifies that the waiver of a loan does not amount to cessation of trading liability under Section 41(1) of the Income Tax Act.

ITAT quahes Revision Order u/s 263 for Re-examining Large Cash Deposits in Bank

September 5, 2023 3744 Views 0 comment Print

Analyzing the recent ITAT Delhi ruling in Navneet Bhardwaj Vs PCIT, which nullified a revisionary order under section 263 of the Income Tax Act for AY 2016-17, touching upon the legal intricacies and implications.

Addition during demonetization not sustained in absence of any abnormal trend of cash sales

September 4, 2023 1335 Views 0 comment Print

Held that the cash sales and corresponding cash deposits have been a regular feature of the business of the assessee and there is certainly no abnormal trend of cash sales and cash deposit during the demonetization period. Accordingly, addition deleted.

Attribution of profit unsustainable in absence of Permanent Establishment in India

September 4, 2023 924 Views 0 comment Print

ITAT Delhi held that attribution of profit from offshore supply and services to the Permanent Establishment unsustainable as assessee didn’t have any Permanent Establishment in India in the assessment years under dispute.

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