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ITAT Delhi

Mere non-construction of property cannot be a ground to deny benefit u/s 54F

May 23, 2023 4332 Views 0 comment Print

ITAT Delhi – Mere non-construction of property cannot be a ground to deny benefit u/s 54F. The beneficial nature and the object of the provision is ought to be considered by the Income Tax Authorities

NAV method is one of recognized methods provided in rule 11UA of Income Tax Rules

May 22, 2023 3243 Views 0 comment Print

ITAT Delhi held that NAV method adopted by the assessee is one of the recognized methods provided in rule 11UA of the Rules. Accordingly, the addition made u/s. 56(2)(viib) of the Act, is hereby directed to be deleted.

ITAT refuses condonation of 1005 days delay caused due to negligence

May 21, 2023 1569 Views 0 comment Print

ITAT Delhi declined to condone the inordinate delay of 1005 days in filing of appeal in absence of sufficient cause for delay in filing of the same.

Discounted cash flow is the recognized method as per section 56(2)(viib)

May 21, 2023 2880 Views 0 comment Print

ITAT Delhi held that discounted cash flow method is the recognized method as per section 56(2)(viib) of the Income Tax Act read with rule 11UA of the Income Tax Rules.

Addition for Violation of section 40A(3) sustained because of non-satisfying reply

May 18, 2023 1224 Views 0 comment Print

ITAT Delhi held that violation of section 40A(3) sustained as the reply provided by the assessee is hypothetical and non-satisfying.

Order passed on non-existing entity is liable to be quashed

May 18, 2023 1593 Views 0 comment Print

ITAT Delhi held that assessment order passed on non-existing entity (dissolved company) is liable to be quashed as the Assessing Officer has the knowledge of the dissolution of the company.

ITAT deletes Addition for Cash Deposit which was based on strange logic

May 18, 2023 849 Views 0 comment Print

ITAT find from assessment order that there has been no abnormal cash deposit and assessment order is based on estimation and strange logic and without any legal basis and hence, held to be legally invalid.

On-money received on sale of agricultural land, even when not declared, is also exempt & cannot be taxed

May 18, 2023 8586 Views 0 comment Print

Explore the ITAT Delhi ruling on the taxation of on-money received on the sale of agricultural land, examining the exemption and tax implications under the Income Tax Act.

Invocation of revisionary proceedings u/s 263 merely because of non-agreeing to the view of AO is unjustified

May 17, 2023 1119 Views 0 comment Print

ITAT Delhi held that PCIT is not empowered to invoke revisionary proceedings u/s. 263 of the Income Tax Act, merely because he is not agree with the view taken by the AO. Accordingly, revisionary proceedings bad in law.

Global operation fees not taxable as FTS under India-UK DTAA

May 17, 2023 1284 Views 0 comment Print

ITAT Delhi held that global operation fees cannot be taxed as Fees for Technical Services (FTS) under the provisions of the Act and the India-UK DTAA as it doesn’t satisfy the ‘make available’ clause contained in Article 13(4)(c) of the India-UK DTAA.

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