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ITAT Delhi

Misplacement of Assessment Order by Advocate – ITAT condone delay

July 26, 2022 741 Views 0 comment Print

Assessee has assigned reasons for condoning delay is that, Assessment order been misplaced by Advocate & not handed over the same to assessee

Sale of software products is not royalty income so not taxable in India

July 20, 2022 1761 Views 0 comment Print

Held that it is well settled law that, the sale of software product which will not giving rise to royalty income.

Focus Products Scheme Incentive is not liable to Income tax

July 20, 2022 2787 Views 0 comment Print

Focus Product Scheme (FPS) was first introduced with the objective to incentivize export of such products which have high export intensity/ employment potential, so as to offset infrastructure inefficiencies and other associated costs involved in marketing of these products.

Share of client pledged by broker cannot be treated as his undisclosed investment

July 19, 2022 2670 Views 0 comment Print

Held that broker pledged the shares of the clients with banks for obtaining bank finance. It is not justified to take value of shares pledged as undisclosed investment of the broker.

TDS u/s. 194C deductible on Common Maintenance Charges

July 19, 2022 2325 Views 0 comment Print

Held that the payment towards CAM charges are in the nature of contractual payment which are made for availing services/ facilities. Accordingly, TDS is deductible u/s. 194C

Deduction u/s 54, with respect to two houses located in different areas, not available

July 19, 2022 7821 Views 0 comment Print

Held that the assessee can take shelter and claim deduction u/s 54 only when the assessee invests the long term capital gain in purchase or construction of a single residential house.

Addition towards cloud based services, not a royalty, not sustainable

July 18, 2022 1101 Views 0 comment Print

Held that the authorities fallen in error in considering the subscription received towards cloud serviced to be royalty income

Serving of liquor is not charitable activity under section 2(15)

July 18, 2022 8211 Views 0 comment Print

ITAT held that ‘serving of liquor is not charitable activity under section 2(15) of the Income Tax Act, 1961,

Deduction u/s 80-IC not available on interest earned on fixed deposit

July 18, 2022 6666 Views 0 comment Print

Held that interest earned out of the fixed deposit made from the surplus funds being not connected to the manufacturing activity and do not form an integral part of the profits derived from industrial unit is not eligible for deduction

Order not erroneous when AO took one possible view

July 18, 2022 1425 Views 0 comment Print

Held that in case there are two possible views and the AO has taken one of the possible views, no action to exercise powers of revision can arise.

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