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ITAT Delhi

To acquire section 153C Jurisdiction, Documents Seized must be Incriminating

November 16, 2020 2454 Views 0 comment Print

The issue under consideration is whether to acquire jurisdiction under section 153C is it require that the seized documents must be incriminating and must relate to the assessment year whose assessment were sought to be reopened?

Section 68 Addition Justified for Unexplained Gifts Received from Non-Related Donor

November 12, 2020 2544 Views 0 comment Print

The issue under consideration is whether the CIT (Appeals) has grossly erred in confirming the addition as made by the Assessing Officer (AO) on account of gifts u/s 68? Addition u/s 68 Justified for Unexplained Gifts Received from Non Related Donor.

Booking fees received from Airlines is business income: ITAT Delhi

November 12, 2020 1359 Views 0 comment Print

ITAT Delhi decision on Amadeus IT vs. Asstt. DIT. CRS income, PE attribution, and distribution fee. Assessing Officer’s findings challenged.

Intermediary services not amount to FTS & not taxable under India-Sweden DTAA

November 9, 2020 1290 Views 0 comment Print

Bombardier Transportation Sweden AB Vs DCIT (ITAT Delhi) Conclusion: Payment of consideration would be regarded as ‘fee for technical/included services’ only if the twin test of rendering services and making technical knowledge available at the same time was satisfied. Intermediary services rendered by assessee did not make available any technical knowledge, skill etc to BTIN […]

Additions in reopened Assessment not valid if no addition on subject matter of reopening

November 9, 2020 7530 Views 0 comment Print

The issue under consideration is whether the re-opening of assessment is valid even if there is no addition on subject-matter being basis for issuing notice under section 148, rather AO made addition on other counts?

Commission to Director in terms of Employment is Part of Salary: ITAT Delhi

November 9, 2020 23082 Views 0 comment Print

Commission paid to Director in terms of Employment is Considered as Part of Salary. It is also not disputed that TDS has been deducted on such commission as salary. Accordingly, the Revenue’s appeal is dismissed.

Profit margin disclosed by assessee cannot be rejected arbitrarily

November 9, 2020 1281 Views 0 comment Print

The issue under consideration is whether addition made by AO by application of N.P. rate of 8% is justified in law? Profit Margin Cannot be Rejected Arbitrarily due to Rejection of Books of Account

No section 68 Addition in Absence of Primary & Independent Enquiry by AO

November 6, 2020 1851 Views 0 comment Print

The issue under consideration is whether the addition made u/s 68 for assessee helped various beneficiaries in providing accommodation entries in relation to capital and expenses is justified in law?

ITAT Deletes section 14A disallowance made without following procedures

November 6, 2020 1260 Views 0 comment Print

The issue under consideration is whether CIT(A) is correct in disallowing managerial and administrative expenses for earning dividend income by treating this as tax free income?

No section 14A disallowance if no exempt income is received during relevant year

November 5, 2020 1785 Views 0 comment Print

ACIT Vs Him Urja Pvt. Ltd. (ITAT Delhi) The assessee has also submitted before the Ld. CIT(A) that as there was no exempt income earned by assessee during the relevant previous year, no disallowance under section 14A could be made. The assessee relied upon Judgment of the Hon’ble Delhi High Court in the case of […]

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