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ITAT Delhi

ITAT deletes addition made based on entries found in Hazir Johri software, as they were accounted in Tally

March 5, 2024 1071 Views 0 comment Print

Read the detailed analysis of ITAT Delhi’s decision to delete additions made on cash salary payments without proper documentation in Vaibhav Jain Vs DCIT case.

Receipts from Software Sale to Indian Entities Not Taxable under India-Singapore DTAA: ITAT Delhi

March 4, 2024 816 Views 0 comment Print

Detailed analysis of Finastra International Financial Systems PTE Ltd. Vs ACIT(International Taxation) case where ITAT Delhi ruled that software sales to Indian entities are not taxable under Article 12(3) of India-Singapore DTAA.

Absence of DIN Invalidates Section 153D Approval: ITAT Delhi

March 4, 2024 1530 Views 0 comment Print

Read the detailed analysis of ITAT Delhi’s decision in Bawa Float Glass Ltd Vs DCIT regarding the absence of DIN in statutory approval under section 153D of the Income Tax Act.

TRC issued by authority of Mauritius is sufficient tax residency evidence

February 28, 2024 909 Views 0 comment Print

Read the detailed analysis of Sarva Capital LLC Vs ACIT (ITAT Delhi) regarding the validity of Tax Residency Certificate (TRC) for determining treaty benefits under the India-Mauritius Double Taxation Avoidance Agreement (DTAA).

Income from Indian Entities to Volvo Information Technology AB Not Taxable as Royalty: Delhi HC

February 24, 2024 516 Views 0 comment Print

Delhi ITAT rules in favor of Volvo Information Technology AB, declaring receipts from Indian entities not taxable as royalty, aligning with SC precedents.

Taxation should be based on real income & not hypothetical income: ITAT Delhi

February 22, 2024 8652 Views 0 comment Print

ITAT held that taxation should be based on real income. It found that the AO’s attempt to tax hypothetical income was unjustified. Furthermore, it was established that the credit note adjustments made for benchmarking purposes were legitimate and in accordance with the tax provisions.

Source for making or earning income of payer of FTS outside India is not taxable in India

February 20, 2024 1257 Views 0 comment Print

ITAT Delhi held that as conditions prescribed in exception to section 9(1)(vii)(b) stand fulfilled, it cannot be taxed as FTS. Further, the source for making or earning any income of the payer of fee for technical services, in the present case, is outside India, and therefore not taxable in India.

Section 43B doesn’t apply to service tax not routed through P&L

February 20, 2024 2337 Views 0 comment Print

Explore the ITAT Delhis decision on the disallowance of service tax by ACIT in the case of S & A Finman Ltd. for the assessment year 2012-13. The article provides insights into the legal arguments and precedents.

Proviso to Section 56(2)(vii)(b): Stamp Duty Value on Date of Agreement applies

February 19, 2024 5523 Views 0 comment Print

Explore the details of Shyamkumar Madhavdas Chugh Vs ACIT case at ITAT Delhi. Analysis of additions, considerations, and legal perspectives leading to the verdict.

No Section 194J TDS if Consultancy Charges not exceeds Rs. 30,000: ITAT

February 19, 2024 3975 Views 0 comment Print

Read the full text of ITAT Delhi’s order in Sunil Ghorawat vs ACIT case. Analysis of no TDS on consultancy charges under Sec 194J and short term capital loss disallowance.

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