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ITAT Delhi

DVO applying CPWD rates instead of State PWD rates is untenable

November 25, 2022 3762 Views 0 comment Print

ITAT Delhi held that addition based on DVO report regarding construction of cost of property unsustainable as DVO applied CPWD rates, however, it is settled law that State PWD rate is better guiding factor for arriving at cost of construction of the property.

ITAT allowed deduction of PF/ESI/EPF deposited late but paid before ITR filing

November 25, 2022 3657 Views 0 comment Print

Ajashy Engineering Sales Pvt. Ltd. Vs ITO (ITAT Delhi) ITAT held that AO was not justified in denying the deduction claimed by the assessee on account of late deposit of PF/ESI/EPF, albeit before filing the return of income. Admittedly in the matter, the Revenue had not contended that the assessee has deposited the contribution after […]

Reopening of assessment beyond four years period invalid as material facts disclosed fully

November 24, 2022 8202 Views 0 comment Print

ITAT Delhi held that reopening of assessment beyond four years period is invalid as there was no failure on the part of the assessee to disclose fully and truly all the material facts necessary for the assessment.

Salary by head office to expatriate employees working in Indian branch is allowable deduction

November 24, 2022 1740 Views 0 comment Print

ITAT Delhi held that that the salary paid by the head office to expatriate employees working in Indian branches is allowable as deduction under section 37 of the Income Tax Act.

Reopening of assessment based on approval granted in routine/ casual manner is untenable

November 24, 2022 1557 Views 0 comment Print

ITAT Delhi held that reopening of the assessment u/s 147 of the Income Tax Act based on the approval granted in a routine and casual manner is unsustainable in the eye of law.

Penalty cannot Survive if relevant issues is been restored back to AO

November 24, 2022 780 Views 0 comment Print

Sh. Vinod Jindal Vs DCIT (ITAT Delhi) Penalty under section 271AAA of the Act was imposed based on the additions made in the assessment order, aggregating to Rs.24,54,184/-. However, while deciding assessee’s quantum appeal, the Tribunal in ITA No. 839/Del/2017, dated 30.06.2022 has deleted addition of Rs. 1 lakh made on account of unexplained cash. […]

Software Products Sale not Taxable as Royalty under India-Singapore DTAA

November 24, 2022 1041 Views 0 comment Print

Issue which requires examination is whether the amount received by assessee towards sale of software products and provision of maintenance services would be taxable as royalty under Article 12 of India-Singapore DTAA.

Cost of acquisition/improvement not allowable in absence of corroborative evidences

November 24, 2022 12210 Views 0 comment Print

Janardhan Gupta Vs DCIT (ITAT Delhi) ITAT find that as emanating from the facts narrated above, the revenue authorities have disallowed the assessee’s claim of cost of purchase and cost of improvement de hors any corroborative evidences. In our considered opinion, there is no infirmity in the orders of the authorities below as onus is […]

ITAT upheld addition for circuitatious rotation of unaccounted money

November 24, 2022 1167 Views 0 comment Print

South West Drilling and Infrastructure Ltd Vs ACIT (ITAT Delhi) ITGAT find that the facts and circumstances narrate in the order of the authorities below clearly indicate that it is classic case of circuitatious rotation of unaccounted money. The lender has no identity in as much it is non­existent its sources of credits itself is […]

Addition deleted for Cash Deposits during demonetization out of withdrawals for Daughter’s Marriage –

November 24, 2022 1008 Views 0 comment Print

Harjeet Kaur Vs ITO (ITAT Delhi) Admittedly, the assessee had deposited cash in her bank accounts during the demonetization period. However, before the Assessing Officer, the assessee had explained that such deposits were out of cash withdrawals made earlier by her for the purpose of her daughter’s marriage. The Assessing Officer has partly accepted assessee’s […]

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