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ITAT Delhi

Fees for live and non-live transmission right not taxable as royalty

September 3, 2023 615 Views 0 comment Print

ITAT Delhi held that as there is no copyright on live events, the license fees for live and non-live transmission right cannot be taxed as royaty in terms of section 9(1)(vi) of the Income Tax Act. Accordingly, addition deleted.

AO not empowered to withdraw or modify or substitute assessment order passed by him

September 2, 2023 1095 Views 0 comment Print

ITAT Delhi held that law does not confer any power on the Assessing Officer to either withdraw or modify or substitute one assessment order passed by him earlier with another assessment order subsequently.

Specified domestic transactions adjustment invalid after 01.04.2017

September 2, 2023 474 Views 0 comment Print

Finance Act, 2017 removed clause (i) of section 92BA, effectively nullifying any decisions made by the Assessing Officer under this section. Reference to the TPO under section 92CA also becomes invalid

Mere Non-Appearance of Supplier Doesn’t Invalidate Transaction: ITAT Delhi

September 2, 2023 978 Views 0 comment Print

ITAT rules that an assessee isn’t responsible for a non-responsive supplier when purchases were made in earlier years. Lack of supplier’s response to a section 133(6) notice doesn’t invalidate the transaction.

Software licence fee reimbursement not taxable as no Permanent Establishment in India

September 1, 2023 1128 Views 0 comment Print

ITAT Delhi held that software licence fee received as reimbursement, in absence of a Permanent Establishment in India, is not taxable. Accordingly, addition towards the same deleted.

Prior period Expenses are beyond the scope of Section 154

September 1, 2023 1857 Views 0 comment Print

ITAT Delhi’s verdict on JBJ Technologies Ltd. Vs DCIT: Rectification under Section 154 of Income Tax Act can’t adjust prior period expenses.

Gold Jewellery Within CBDT Circular Limit Not Deemed Unexplained: ITAT

September 1, 2023 4011 Views 0 comment Print

An analysis of ITAT Delhi’s ruling in the Neeti Rastogi vs. ACIT case, emphasizing CBDT Circular’s role in defining unexplained jewellery under the Income Tax Act.

Addition for Fall in Gross Profits Without Proof of Suppression is Unsustainable

September 1, 2023 1464 Views 0 comment Print

ITAT Delhi held that addition on the basis of fall in gross profits without pointing out any specific discrepancy in accounts that resulted into suppression of true figure of gross profit is unsustainable in law.

Addition solely based on estimation without rejecting books is not sustainable

September 1, 2023 1725 Views 0 comment Print

Analysis of ITAT Delhi’s decision on the case between Home Developers Project Pvt. Ltd. & DCIT. Focus on AO’s failure & burden of evidence on the assessee.

No Section 14A Disallowance if No Expenditure Claimed in P&L accounts

September 1, 2023 693 Views 0 comment Print

Delhi’s ITAT rules on disallowance under section 14A of the Income Tax Act. The verdict clarifies treatment of revenue expenses not claimed in P&L accounts.

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