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ITAT Delhi

Insolvency & Bankruptcy Code, 2016 has an overriding effect on all acts

February 25, 2023 2034 Views 0 comment Print

ITAT Delhi held that as per specific provisions covered under section 178(6), Insolvency and Bankruptcy Code, 2016 has an overriding effect on all the acts including Income Tax Act.

Assessment order violating directions of DRP is liable to be quashed

February 25, 2023 2109 Views 0 comment Print

ITAT Delhi held that assessment order passed in violation of the directions of Dispute Resolution Penal (DRP) is against the provisions of sub-section (10) and (13) of section 144C of the Act and hence liable to be quashed

Sale of property taxable under capital gain as property held for considerable longer time period

February 24, 2023 25356 Views 0 comment Print

ITAT Delhi held that property sold is to be taxed under Capital gain as the property was held for considerable longer period of time and assessee is not engaged into systemic real estate business activity.

No tax on distribution revenue received as ‘Royalty’ if same already offered as income under MAP

February 23, 2023 873 Views 0 comment Print

Distribution revenue earned by assessee had already offered income as business income in terms of the Mutual Agreement Procedure (MAP) holding that 10% of the advertising and subscription revenue received from India should be deemed to be the net profit chargeable to tax in India, therefore, the additions made by AO were deleted.

Disallowance of interest u/s 14A r.w rule 8D unsustainable as borrowed funds not utilized for making investment

February 22, 2023 1752 Views 0 comment Print

ITAT Delhi held that disallow of any interest expenditure u/s 14A r.w. Rule 8D of the Act unsustainable as the interest bearing funds borrowed by the assessee have not been utilized for making the investments.

Disallowance u/s 40(ia) for non-deduction on social security contribution to expat employees unsustainable

February 21, 2023 1140 Views 0 comment Print

ITAT Delhi held that social security contribution doesnt constitute income from salary in the hands of expatriate employees. Hence disallowance u/s 40(ia) for non-deduction of TDS on the same is unsustainable in law.

In absence of cogent explanation ITAT treats consultancy charges as FTS & upheld addition

February 18, 2023 858 Views 0 comment Print

Assessee was unable to furnish any cogent explanation supported by evidence to establish that the consultancy charges paid are not in the nature of FTS.

Right tax has to be collected from the right person: ITAT Delhi

February 18, 2023 1533 Views 0 comment Print

Arya Samaj Vs ITO (ITAT Delhi) Before ITAT, it was pleaded that the assessee has wrongly filled the column A(i) pertaining to “Other details” the ITR7 and since CPC is a automated process, the adjustment has also been wrongly made. It was argued that had there been a notice issued before making an adjustment, the […]

No tax on share premium when issued to Venture Capital Fund

February 18, 2023 936 Views 0 comment Print

ITAT held that no tax would be levied on issue of shares to venture capital fund and further upheld observation of CIT(A) that, payment for valuation certification and retainership fees to a CA  firm is a revenue expenditure.

Benefit u/s 54B not deniable on fact that property was valued as non-agricultural land for stamp paper

February 18, 2023 4122 Views 0 comment Print

Vipin Kumar Vs ITO (ITAT Delhi) ITAT Delhi held that benefit under section 54B of the Income Tax Act cannot be denied on mere fact that property was valued by the registered authority as a non-agricultural land for the purpose of stamp paper. Facts- The AIR information from sub registrar, Hapur Second in the case […]

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