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ITAT Delhi

Receipt towards Supply of software and automated services are not taxable in India

December 29, 2022 1608 Views 0 comment Print

ITAT Delhi held that amount received from the supply of software and automated services are not taxable in India.

TDS deductible u/s 194C in case of Common Area Maintenance charges

December 29, 2022 3423 Views 0 comment Print

ITAT Delhi held that as common area maintenance (CAM) charges are for maintenance of common area the same is covered by the provisions of section 194C of the Income Tax Act Accordingly TDS is deductible u/s 194C in case of CAM charges payment.

Addition u/s 69A sustained as nature and source of acquisition of property not offered satisfactorily

December 28, 2022 3489 Views 0 comment Print

ITAT Delhi held that where the property is not recorded in the books of account and explanation about the nature and source of acquisition of property is not offered satisfactorily then value of such property would be deemed to be income under section 69A of the Income Tax Act.

Expenditure towards transfer of share is allowable as per section 48

December 27, 2022 10155 Views 0 comment Print

ITAT Delhi held that expenditure incurred wholly and exclusively towards transfer of shares is allowable transfer expenses as per section 48 of the Income Tax Act.

Service tax amount not routed via P&L doesn’t attract provisions of section 43B

December 26, 2022 4245 Views 0 comment Print

ITAT Delhi held that as service tax amount is not routed through P&L account, the provisions of section 43B of the Income Tax Act are not applicable to the service tax liability.

Mere reflection of unexplained cash in books of accounts not valid ground to delete addition

December 26, 2022 1455 Views 0 comment Print

ITAT Delhi held that mere reflection of unexplained cash in the books of accounts without any supportive documents is not valid ground for deletion of the addition by CIT(A). Accordingly addition towards unexplained cash sustainable

Receipt under Master Franchise Agreement is not royalty or FTS or FIS

December 24, 2022 1785 Views 0 comment Print

ITAT Delhi held that amount received under the Master Franchise Agreement cannot be treated either as royalty or Fee for Technical Services (FTS) or FIS and hence addition deleted.

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

December 23, 2022 1581 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 540 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 1671 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.

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