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ITAT Delhi

Section 40(a)(ia) Inapplicable to TDS Non-Deduction on Pre-AY 2015-16 Salary

November 4, 2023 642 Views 0 comment Print

ITAT Delhi’s decision in the case of Sumaitri Bima Distributors Pvt. Ltd vs. ITO regarding non-applicability of S.40(a)(ia) for TDS on salary before AY 2015-16.

Section : ITAT deletes reasonable Excess Jewelry Addition for Wealthy Assessee

November 3, 2023 1350 Views 0 comment Print

ITAT Delhi rules addition u/s 69A for excess jewelry during a search operation unsustainable as the assessee belonged to a wealthy family and received jewelry on occasions

Issuing Final Assessment Order Without Section 144C Compliance Unlawful

November 2, 2023 1725 Views 0 comment Print

ITAT Delhi held that passing of final assessment order without complying with the terms of section 144C of the Income Tax Act, 1961 is untenable in law.

Shares/securities/PMS/Mutual fund held as investment taxable under capital gains

November 2, 2023 978 Views 0 comment Print

ITAT Delhi held that income from sale of shares/securities/PMS/Mutual Funds, etc. which were held as investment and not as stock-in-trade is taxable under the head capital gains and not under the head business income.

Compensation/Damages Payment by Builder/Developer is not Interest for TDS

November 2, 2023 4848 Views 0 comment Print

ITAT Delhi rules that payments by a builder to allottees as compensation for delays are not interest under the Income Tax Act, relieving them from TDS obligations.

Issuing DIN Without Mentioning on Assessment Order Is Insignificant & superfluous exercise: ITAT

November 2, 2023 780 Views 0 comment Print

Discover the ITAT Delhi’s ruling on the issuance of DIN numbers on tax communications and its importance in ensuring their validity.

Initiation of reassessment proceedings u/s. 147 based on incorrect facts is invalid

November 1, 2023 2727 Views 0 comment Print

ITAT Delhi held that initiation of reassessment proceedings u/s. 147 of the Income Tax Act by AO based on incorrect facts and without any verification, examination and evaluation of report of Investigation Wing and other material is invalid and unsustainable in law.

Penalty notice u/s 271(1)(c) without specifying exact limb is bad-in-law

November 1, 2023 1722 Views 0 comment Print

ITAT Delhi held that notice issued initiating the penalty proceeding without specifying the limb of section 271(1)(c) of the Income Tax Act is bad-in-law and liable to be quashed.

Section 40A(2)(b) Disallowance for Assumed Higher Sub-contracting Income is unsustainable

November 1, 2023 1068 Views 0 comment Print

ITAT Delhi held that disallowance under section 40A(2)(b) of the Income Tax Act on merely estimating that more income should have been earned from sub-contracting without bringing any comparable figures is unsustainable in law.

Booking fee collected from non-resident airlines not taxable as royalty

November 1, 2023 591 Views 0 comment Print

ITAT Delhi held that the booking fee received by the assessee from non-resident airlines is taxable as ‘business income’ and not as ‘royalty’ u/s. 9(1)(vi) of the Income Tax Act and Article 13(3) of Indo-Spain DTAA.

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