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ITAT Delhi

Forfeited amount is deductible from cost of acquisition at the time of actual transfer of asset

May 8, 2023 1527 Views 0 comment Print

ITAT Delhi held that applying the provisions of section 51 of the Act, the amount of advance which was forfeited would be deducted from the cost of acquisition of the asset at the time of actual transfer of the asset in future.

Deduction u/s 10B available against interest on bank deposits, receipts of subsidy and insurance claim

May 6, 2023 3711 Views 0 comment Print

ITAT Delhi held that interest on bank deposits, receipts of subsidy and insurance claim are eligible to be included in profits of 100% export oriented unit for purpose of claiming deduction under section 10B of the Income Tax Act.

Section 54F exemption eligible on payment on behalf of Assessee by Husband & Son

May 6, 2023 4299 Views 0 comment Print

Section 54F does not require one to one co-relation between capital gain arising out of transfer of long term capital asset and utilisation thereof for purchase /construction of residential house.

Exemption u/s 54 available even if capital gain is invested in more than one residential houses

May 5, 2023 10890 Views 1 comment Print

ITAT Delhi held that benefit of exemption under section 54 of the Income Tax Act available even if capital gain is invested in purchasing more than one residential houses within stipulated time limit.

Genuineness of unsecure loan repaid via banking channel cannot be doubted based on surmises

May 5, 2023 2289 Views 0 comment Print

ITAT Delhi held that addition u/s 68 unsustainable as genuineness of transaction routed through banking channel cannot be doubted on the basis of surmises and conjectures based on suspicion and doubts.

No capital Gain Tax on Gift of Immovable Property to Sister

May 5, 2023 4449 Views 0 comment Print

From gift deed it is crystal clear that the said property was gifted by assesee to his sister out of natural love and affection and it was in this back drop that assessee claimed before CIT(A) that incidence of transfer of immovable property was not liable to tax in his hands.

Ignoring debit side entries, entire amount of credit entries cannot be added to taxable income 

May 4, 2023 7443 Views 0 comment Print

Entire amount of credit entries cannot be added to taxable income of assessee ignoring debit side entries and as when assessee is receiving cash and issuing cheques then said cheque of almost same amount then assessee cannot be held beneficiary of entire amount or entire amount of credit entries treating the same as unexplained.

ITAT deletes addition for duly explained peak balance in HSBC accounts

May 4, 2023 870 Views 0 comment Print

Nagappan Arunachalam Vs ITO (ITAT Delhi) The ld. CIT(A) has sustained an addition u/s 69A equal to 50% of the peak balance in HSBC accounts jointly held with the spouse. The Ld. CIT(A) erred in holding that the Appellant was not able to rebut the issues raised by the AO during remand proceedings as the […]

Without remote link between activities of other projects with PE, Force of Attraction Rule not apply

May 4, 2023 1227 Views 0 comment Print

ITAT Delhi held that the Force of Attraction Rule doesn’t apply unless there is even a remote link between the activities of other projects is established with the PE.

Business profit not taxable in India in absence of any permanent establishment

May 3, 2023 1767 Views 0 comment Print

ITAT Delhi held that payment received in the nature of Business Profit cannot be brought to tax in India in absence of Permanent Establishment in India.

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