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ITAT Delhi

TPO’s scope is limited to computing arm’s length price of a transaction

September 13, 2023 468 Views 0 comment Print

ITAT Delhi deleted TP adjustment on payment of model fee for export to AEs stating that scope of TPO is limited to determination of arm’s length price and TPO cannot adjudge commercial expediency of a transaction.

ITAT Orders Fresh Adjudication: Section 68 Addition without allowing cross-examination

September 13, 2023 777 Views 0 comment Print

Analysis of the Shiv Charan Vs ITO case by ITAT Delhi, where a fresh adjudication was ordered on income tax addition u/s 68, focusing on procedural fairness.

Donation out of accumulated funds u/s. 11(2) are not allowable as application of income

September 12, 2023 1251 Views 0 comment Print

ITAT Delhi held that provisions of section 11(3) states that donations given out of accumulated funds u/s 11(2) of the Income Tax Act of earlier previous years are not allowable as application of income for charitable or religious purposes and the same shall be deemed to be income of the assessee.

Profit estimation of 10% instead of 8% adopted under presumptive taxation scheme justified

September 12, 2023 3228 Views 0 comment Print

ITAT Delhi held that estimation of profit at 10%, instead of 8% as adopted under presumptive scheme of taxation provided u/s. 44AD, justified as the same is guided by the principles of objectivity, fairness and consideration of justice.

Cash Deposit during Demonetization from Undisputed Source: ITAT Deletes Addition

September 12, 2023 8322 Views 0 comment Print

Analysis of ITAT Delhi’s decision in Sheo Chand Yadav vs ITO, where the tribunal deleted the income tax addition related to cash deposits during demonetization.

Unit Linked Insurance Plan (ULIP) redemption taxable as capital gain

September 12, 2023 8838 Views 0 comment Print

Explore a detailed analysis of ITAT Delhi ruling on Subhash Tandon Vs ITO, which sheds light on taxability of ULIP redemption as capital gains.

Addition u/s 69C based on dumb document is unsustainable

September 11, 2023 1320 Views 0 comment Print

ITAT Delhi held that addition under section 69C of the Income Tax Act towards unexplained expenditure based on dumb documents not sustainable in law.

Date of handing over of possession of new property relevant for deduction u/s. 54

September 11, 2023 987 Views 0 comment Print

ITAT Delhi held that deduction under section 54 of the Income Tax Act is allowable based on handing over of possession and not based on payment of consideration. Date of handing over of possession of new property is relevant for deduction u/s. 54.

Unsustainable Addition for Cash Sales when No Stock Discrepancy Detected

September 9, 2023 876 Views 0 comment Print

In the case of Metro Filling Station vs. ITO (ITAT Delhi), an addition for unexplained cash deposits was challenged. The tribunal ruled in favor of the assessee.

Section 263: Revisionary power cannot be initiated on the basis of audit objection

September 9, 2023 1443 Views 0 comment Print

An in-depth analysis of the case between Majestic Properties Pvt. Ltd and PCIT at ITAT Delhi. The case examines the limitations of revisionary power under section 263 based on audit objections. Discover key outcomes and implications.

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