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ITAT Delhi

Solitary opportunity of only one day to respond to notice is against principles of natural justice

December 23, 2022 1548 Views 0 comment Print

ITAT Delhi held that a solitary opportunity of one day to respond to show cause notice is in negation of overriding principles of natural justice accordingly revisionary order passed u/s 263 is liable to be quashed and set aside.

Remuneration including bonus to partners should be within permissible limit u/s 40(b)

December 23, 2022 477 Views 0 comment Print

ITAT Delhi held that total allowance of the remuneration (including bonus) to the partners has to be within the permissible limit of provisions of section 40(b) of the Income Tax Act.

Addition u/s 69A towards cash deposit unsustainable as it is income from PMGKY Scheme supported by valid declaration

December 21, 2022 1623 Views 0 comment Print

ITAT Delhi held that addition u/s 69A of the Income Tax Act unsustainable as cash deposit of INR 4.50 cr. is income under the scheme Pradhan Mantri Garib Kalyan Yojana (PMGKY) and the same is cleared by a valid declaration under the scheme.

Power incentive by West Bengal Government is capital receipts

December 21, 2022 1065 Views 0 comment Print

ITAT Delhi held that power incentive granted by the Government of West Bengal is actually given for sole intention of setting up new industry and attractive private investment and hence the same is capital receipts and not chargeable to tax.

Revision u/s 263 unsustainable for mere difference of view

December 20, 2022 747 Views 0 comment Print

ITAT Delhi held that where two views are possible and AO adopted the one which Commissioner doesn’t agree then in such case revision under section 263 of the Income Tax Act not permissible for mere difference of view.

TDS Credit shall be given for Assessment Year for which Income is Assessable

December 19, 2022 2286 Views 0 comment Print

ITAT held that TDS credit shall be given to deductee for Assessment Year (“A.Y.”) for which such income is assessable under Income Tax Act, 1961

‘Security Premium Reserve’ not part of accumulated profits u/s 2(22)(e)

December 17, 2022 7326 Views 0 comment Print

ACIT Vs Bhagwati Coal Movers (P) Ltd. (ITAT Delhi) ITAT Delhi held that the ‘Security Premium Reserve’ cannot be regarded as part of accumulated profits under Section 2(22)(e) of the Income Tax Act. Facts- AO observed that the assessee has obtained loan amounting to Rs.5,52,50,000/- from M/s. Ajmala Stationery Ltd. A part of the loan […]

Loss incurred on hedging transaction to safeguard foreign currency fluctuation loss is not speculative loss

December 16, 2022 2394 Views 0 comment Print

ITAT Delhi held that forward contract was purely hedging transactions entered into by assessee to safeguard against loss arising out of fluctuation in foreign currency, loss on such transactions could not be held as speculative transactions felling within ambit of section 43(5).

Tax benefit of India-UK DTAA available to LLP on Indian engagement income

December 15, 2022 4455 Views 0 comment Print

ITAT Delhi held that benefit of India-UK DTAA is available to Limited Liability Partnership on the portion of income from Indian engagement.

Interest received on enhanced compensation under section 28 of Land Acquisition Act, 1894 is not taxable

December 15, 2022 54807 Views 0 comment Print

ITAT held that Interest received under section 28 of Land Acquisition Act, 1894 is not taxable under section 56(2)(viii) read with sections 57(iv) and 145A of Income Tax Act,1961.

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