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ITAT Delhi

Salary to Vice President allowable u/s 37(1) as proved that business activity of company still subsists

August 8, 2023 1041 Views 0 comment Print

ITAT Delhi held that were sufficient evidence on record that the business activity of the company was still subsisting and the service of the Vice President are indispensable. Accordingly, salary paid to Vice President is allowable u/s. 37(1).

Interest on Compulsory Convertible Debentures deductible u/s 36(1)(iii)

August 8, 2023 5667 Views 0 comment Print

ITAT Delhi held that Compulsory Convertible Debentures are in the nature of borrowed fund and continued to be debt till conversion thereof into shares and consequently interest on Compulsory Convertible Debentures is allowable as revenue deduction u/s 36(1)(iii) of the Income Tax Act.

Denial of deduction u/s. 54F by merely stating that constructed portion is small is unjustified

August 8, 2023 1527 Views 0 comment Print

ITAT Delhi held that deduction under section 54F of the Income Tax Act cannot be denied merely alleging that proportion to the size of plot/ land the constructed portion is very small. As assessee submitted sufficient and all possible documentary evidence, the deduction u/s 54F is allowable.

Adjustment of deferred shares based on value of ordinary shares upheld

August 8, 2023 1200 Views 0 comment Print

ITAT Delhi held that adjustment relating to deferred shares considering their value to be equivalent to the value of equity shares upheld as deferred shares can be converted into ordinary shares without any encumbrances.

AO changed foundation for levy of penalty – ITAT deletes penalty for inconsistency

August 6, 2023 810 Views 0 comment Print

Explore the ITAT Delhi’s ruling in the Sheetal Mehra vs ITO case, where an inconsistent application of penalty led to its deletion.

ITAT Ruling on Reopening Based on Retracted Statement

August 6, 2023 1248 Views 0 comment Print

A comprehensive review of ITAT Delhi’s ruling on DCIT Vs Saarthak Vanijya India Ltd case, about the viability of reassessment based on retracted statements.

ITAT Deletes Addition on Marriage Gifted Jewellery

August 6, 2023 1338 Views 0 comment Print

ITAT Delhi rules in favor of Anuj Sood in a case involving jewellery gifted during marriage, prior to a tax search action. Discover details and implications of the ruling.

Difference in Transaction Perception Doesn’t Mean Inaccurate Particulars

August 6, 2023 570 Views 0 comment Print

Delhi ITAT removes penalty on Riyasat Palaces Limited in tax dispute with ACIT, redefining interpretation of inaccurate particulars.

ITAT Deletes Unexplained Investment Addition, Considering Gift by Husband from Explained FundsITAT Deletes Unexplained Investment Addition, Considering Gift by Husband from Explained Funds

August 6, 2023 1485 Views 0 comment Print

Get a comprehensive breakdown of the ITAT Delhi case, Rukshana Begum vs ITO, involving explained funds and investment for wife’s financial security in old age.

Rendering cloud computing services not liable to tax in India as royalty or FTS/FIS

August 5, 2023 15087 Views 0 comment Print

ITAT Delhi held that rendering cloud computing services/ Amazon Web Services (AWS Services) cannot be held to be liable to tax in India either as royalty or as Fees for Technical Services (FTS)/ Fees for Included Services (FIS).

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