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ITAT Delhi

No Opportunity for Cross Examination: ITAT deletes Addition

April 20, 2023 1638 Views 0 comment Print

Addition made on the basis of information and material collected on the back of the assessee cannot be tackled as valid basis for making addition

Common Maintenance Charges cannot be treated as part of rent for TDS

April 20, 2023 7104 Views 0 comment Print

Tax Authorities have fallen in error in holding that assessee required to pay TDS @10% towards common area maintenance charges.

Huawei India is permanent establishment of Huawei China in India

April 19, 2023 2127 Views 0 comment Print

ITAT Delhi held that co-ordinate bench in assessee’s own case in earlier assessment years duly hold that Huawei India is permanent establishment of Huawei China in India. Based on norms of judicial discipline the same is implied in the present assessment too.

Addition for cash deposit during demonetization period by housewife of upto Rs. 250000 is invalid

April 19, 2023 1536 Views 0 comment Print

Aroshi Jain Vs ACIT (ITAT Delhi) Circular No.03/2017 dated 21.02.2017 provides that no further clarification or verification is required to be made in a case of an individual when the deposited amount during demonetization period is upto Rs. 2,50,000/-. In the present case, the assessee who is a housewife having no other source of income […]

Denying eligible deduction u/s. 11 of Income Tax Act on technical basis is unjustifiable

April 19, 2023 1818 Views 0 comment Print

ITAT Delhi held that eligible deduction under section 11 of the Income Tax Act cannot be denied merely on the basis of technicalities.

ITAT allows benefit of CBDT Instruction with regard to jewellery of grand-mother

April 19, 2023 1182 Views 0 comment Print

Sharad Kumar Garg Vs ACIT (ITAT Delhi) It is seen from the record that the lower authorities have been disputing the factum of Will. It is also undisputed fact that in the Will there is no specific mention relating to weight and description of such jewellery which was being bequeathed by the testator. However, it […]

Deriving Arm’s Length Price without resorting to any prescribed method is unjustifiable

April 19, 2023 1956 Views 0 comment Print

ITAT Delhi held that deriving Arm’s Length Price without resorting to any method prescribed as per the Income Tax Rules is unjustifiable. Accordingly, TPO/ AO directed to determine Arm’s Length Price.

Till Business commencement all expenses for Business set-up will be treated as Capital Expenditure

April 19, 2023 1089 Views 0 comment Print

Isolux Corsan Power Concession India Pvt. Ltd. Vs ITO (ITAT Delhi) In this case AO has treated Interest income as Income from other sources as Business of Assessee was not set-up in the year under consideration  and held as follows:- In the present case, the appellant has miserably failed to demonstrate that during the year […]

Reimbursement of cost received by assessee, cannot be treated as FTS

April 18, 2023 1134 Views 0 comment Print

Shangri-La International Hotel Management Pte Vs ACIT (ITAT Delhi) The next common issue arising for consideration is taxability of reimbursement of expenses as FTS both under the provisions of the Act as well as India-Singapore DTAA. As could be seen from the draft assessment order, alleging that the assessee did not provide the break up […]

Cash gift at the time of marriage supported merely by affidavit – ITAT confirms addition partially

April 17, 2023 1995 Views 0 comment Print

Merely filing of the affidavit is not sufficient to prove the capacity and source of the persons who has given money to the assessee.

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