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ITAT Delhi

TDS not deductible on Interest payment to AU Financiers (India) Ltd.

October 11, 2023 783 Views 0 comment Print

In case of Maharaja Ganga Mahal vs. ITO (TDS) in ITAT Delhi, where TDS exemption was claimed for interest payments to AU Financiers. Learn outcome and implications

Addition u/s. 68 unsustainable as burden duly discharged by filing required documents

October 10, 2023 507 Views 0 comment Print

ITAT Delhi held that addition under section 68 of the Income Tax Act treating share application money from undisclosed source unsustainable as burden duly discharged by filing confirmation, affidavit, copy of income tax return and bank statement of respective parties.

Assessment Order Without DIN Invalid & deemed as never Issued: ITAT Delhi

October 10, 2023 1539 Views 0 comment Print

In case of Prtatap Singh Yadav Vs DCIT (ITAT Delhi) assessment order was declared invalid due to non-compliance with CBDT Circular No.19/2019.

Income Tax Assessment Order Deemed Invalid as DIN not mentioned

October 10, 2023 1281 Views 0 comment Print

Explore the case of Brandix Mauritius Holdings Ltd vs DCIT, where a missing Document Identification Number (DIN) led to the invalidation of an income tax assessment order

ITAT Orders Reassessment for MEIS License Exclusion under Section 115JB

October 10, 2023 666 Views 0 comment Print

Aamor Inox Ltd’s appeal against the IT department’s order on MEIS License treatment under the Income Tax Act is directed for denovo adjudication by ITAT Delhi.

Receipt from centralized service is not in nature of FTS hence not taxable in India

October 9, 2023 489 Views 0 comment Print

ITAT Delhi held that revenue received by the assessee for providing centralized services is not in the nature of Fee for Technical Services (FTS) u/s. 9(I)(vi) Explanation of Income Tax Act, but it is a business income and since assessee is not having PE in India, the same is not taxable.

Penalty u/s 270A not imposable in absence of any malafide intention to claim excess deduction

October 6, 2023 1632 Views 0 comment Print

ITAT Delhi held that imposition of penalty under section 270A of the Income Tax Act unsustainable in absence of any malafide intention on the part of the assessee to claim excess deduction under section 32AC of the Income Tax Act.

Service relating to mining of natural resources not taxable in terms of India-Portugal DTAA

October 6, 2023 483 Views 0 comment Print

ITAT Delhi held that amount received towards service rendered by the assessee is in connection with installation/erection of plant and machinery involved in mining of natural resources fall within the exceptions provided under Article 12(5)(f) and 12(5)(g) of India – Portugal DTAA and hence not taxable.

Additional Deduction Claimable Under Section 80JJAA After Return Filing

October 5, 2023 1674 Views 0 comment Print

ITAT Delhi held that the assessee is entitled to make additional claim of deduction u/s. 80JJAA of the Income Tax Act on the strength of judgment of Hon’ble High Court of Karnataka even though the same was not included while filing return of income.

Tax leviable as receipt qualifies as Fees for Technical Services as per Indo – Singapore DTAA

October 5, 2023 804 Views 0 comment Print

ITAT Delhi held that payments received by the assessee qualifies as Fees for Technical Services (FTS) under sub-clause (4) of Article 12 of Indo – Singapore DTAA and hence rightly brought to tax @10%.

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