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ITAT Delhi

Non-Written Back Amounts: Section 41(1) Inapplicable, Clarifies ITAT

June 21, 2023 2334 Views 0 comment Print

In Raunika Fashion Pvt. Ltd. Vs ITO (ITAT Delhi) case, ITAT clarifies that Section 41(1) cannot be invoked when trading liabilities have not been written back in books of accounts.

PF-ESI due date aligned with Payment Month, Expenses can be claimed u/s 37 instead of 36(1)(va)

June 21, 2023 8748 Views 0 comment Print

ITAT Delhi’s ruling on Sentinel Consultants P. Ltd. vs ACIT addresses the due dates for PF-ESI contributions, aligning with the ESIC & PF Act over the Income Tax Act’s Mercantile System, impacting the assessment years 2018-19 and 2019-20.

Addition based on baseless allegation which cannot be proved is unsustainable

June 21, 2023 1521 Views 0 comment Print

ITAT Delhi held that the revenue itself is not very sure of the receipt of the cash nor there was any evidence. Accordingly, addition based on baseless allegation which cannot be proved is unsustainable.

Revision u/s 263 unsustainable as plausible approach adopted by AO cannot be labeled as erroneous

June 21, 2023 864 Views 0 comment Print

ITAT Delhi held that plausible approach adopted by AO cannot be labeled as erroneous. Hence, revisionary order under section 263 of the Income Tax Act is unsustainable in law.

Tax Residency Certificate is only evidence required to be eligible for benefit under DTAA

June 21, 2023 2553 Views 0 comment Print

ITAT Delhi held that Tax Residency Certificate (TRC) is statutorily the only evidence required to be eligible for the benefit under the DTAA. Accordingly, benefit of India-Mauritius DTAA duly available.

ITAT Deletes Addition for cash deposits as assessee duly explained source

June 21, 2023 1821 Views 0 comment Print

ITAT noted that the explanations provided by the assessee concerning the withdrawals, deposits, and utilization of cash over time were satisfactory. The Tribunal acknowledged the Indian socio-economic constructs where holding cash, especially in rural society, is common.

Mere DMAT Account Transactions or Stock Exchange Share Sales not adequate evidence (Section 68)

June 21, 2023 396 Views 0 comment Print

Delhi ITAT asserts that mere transactions through a DMAT account or selling shares on stock exchange don’t necessarily rebut Section 68 of Income Tax Act. Understand the full implications of this ruling with our comprehensive analysis.

NCLT’s moratorium under IBC overrides Tribunal: ITAT Delhi

June 21, 2023 1152 Views 0 comment Print

ITAT Delhi’s ruling in UM Green Lighting P. Ltd vs DCIT emphasizes the supremacy of NCLT’s moratorium under IBC over tribunal proceedings, halting the Revenue’s case during the moratorium period, and underscoring the IBC’s overriding effect.

Amalgamation disputes under Section 269SS: ITAT deletes Penalty u/s 271D

June 21, 2023 1026 Views 0 comment Print

Landmark case of DCIT Vs Trans Asia Packaging Ltd, where ITAT Delhi provided clarity on transactions post amalgamation under Section 269SS of Income Tax Act

ITAT Upholds addition for belated employees’ contributions to PF/ESIC

June 21, 2023 1107 Views 0 comment Print

Delve into ITAT Delhis ruling in Naveen Chandra Bhatt vs ITO, where the disallowance for late deposit of employees’ contribution to PF/ESIC under Section 36(i)(va) of the IT Act was upheld.

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