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ITAT Delhi

Substitution of sale consideration or investment cost by FMV outside purview of sec. 50C and 56(l)(vi)/(vii) prohibited

February 13, 2024 954 Views 0 comment Print

ITAT Delhi held that “full value of consideration” or “cost of investment” cannot be substituted by the fair market value (FMV), except in the case falling within the purview of 50C and Sec. 56(l)(vi)/(vii) of the Income Tax Act.

Section 40A(2)(a) Disallowance Requires Fair Market Value Assessment: Arbitrary Ad Hoc Disallowances Not Upheld

February 12, 2024 552 Views 0 comment Print

Delve into ITAT Delhi’s verdict on ACIT vs Noida Cyber Park Pvt. Ltd., emphasizing the need for fair market value assessment in Section 40A(2)(a) disallowances and rejecting arbitrary ad hoc deductions.

No Addition u/s 69A for NRI’s cash deposit during Demonetization in NRO Account from earlier Withdrawals

February 12, 2024 1065 Views 0 comment Print

ITAT Delhi deletes addition under section 69A of Income Tax Act in Viren Bakhru vs. ACIT case. Assessee’s explanation of cash deposit during demonetization accepted.

Addition for Unexplained Cash Investment Without Proper application of mind Unjustified

February 12, 2024 1008 Views 0 comment Print

In the case of Shiv Kumar Nayyar vs. DCIT, the Delhi ITAT nullified an addition of cash investment, citing lack of proper application of mind in proceedings.

Errors in selection of comparables: ITAT Delhi Remits Matter back to TPO/AO

February 9, 2024 510 Views 0 comment Print

In the case of American Express Services India Ltd. Vs DCIT, Delhi ITAT remits the matter for correct market segment selection, following earlier order. Full text of the ITAT Delhi order included.

Addition under Section 68 Unjustified Without Falsity in Identity Documents: ITAT Delhi

February 9, 2024 1419 Views 0 comment Print

ITAT Delhi held that AO is not justified in adding unsecured loan received u/s. 68 as AO has rejected the evidences furnished by the appellant without establishing falsity of the documents. Further, documents duly proved identities and source of investors.

Section 148 notice was void ab initio if no prima facie satisfaction recorded

February 9, 2024 876 Views 0 comment Print

Read how the Delhi ITAT nullifies the reassessment of AEP Investments (Mauritius) Ltd. vs ACIT, citing lack of prima facie evidence of income escapement. Full order analysis.

Revenue Fails to Substantiate Alleged Bogus Loss; Transaction Executed via BSE with STT Payment Deemed Genuine

February 8, 2024 1302 Views 0 comment Print

Duxton Hills Builders vs ACIT – ITAT Delhi rules on short-term capital loss. Transaction on Bombay Stock Exchange with STT deemed genuine, not sham or bogus.

ITAT Delhi: Deletion of Income Addition due to Duplicate Entries in Form 26AS

February 8, 2024 891 Views 0 comment Print

ITAT Delhi’s order in Julius Gerardus Van Wijck Vs DCIT case. Deletion of income addition from other sources due to duplicate entries in Form 26AS. Detailed analysis provided.

GSMA vs DCIT: ITAT Rules No Royalty on IMEI Database Fees

February 8, 2024 465 Views 0 comment Print

ITAT Delhi rules in favor of GSMA Limited. Administrative fees for IMEI database access not deemed royalty. Detailed analysis of the order and tax implications.

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