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ITAT Delhi

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

April 19, 2023 1623 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 1851 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 1236 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 1989 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 1119 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 1158 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 2022 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.

Expenditure relating to project are revenue expense allowable u/s 37 of Income Tax Act

April 17, 2023 1359 Views 0 comment Print

ITAT Delhi held that expense on Social & Rural Development Programme are revenue in nature, accordingly, allowable under section 37

Clinical trial expenditure incurred solely for business purpose is allowable

April 17, 2023 1353 Views 0 comment Print

ITAT Delhi held that expenditure towards clinical trial incurred solely and exclusively for the business purpose is allowable expenditure.

Vague Penalty Notice Invalidates Proceedings under section 271(1)(c)

April 16, 2023 945 Views 0 comment Print

ITAT held that if a Penalty notice is vague then penalty proceedings initiated under section 271(1)(c) on that basis were vitiate

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