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ITAT Delhi

Communication relating to assessments, appeals, orders without DIN are null & void

August 31, 2023 942 Views 0 comment Print

In present facts of the case, the Tribunal held that Assessment Order issued without DIN is null and void as it is in violation of CBDT Circular No. 19/2019 dated 1 4th August, 2019.

Section 148 Notice Void if AO Doesn’t examine Assessee’s Filed Return

August 31, 2023 6075 Views 0 comment Print

ITAT Delhi rules on the invalidity of a notice issued without accessing an assessee’s return, showcasing the nuances of the Income Tax Act.

Reselling of Hardware and Software Not ‘Royalty’ under India-Singapore DTAA

August 30, 2023 315 Views 0 comment Print

ITAT Delhi rules that receipts from reselling hardware and software packages by Avnet Asia Pte Ltd aren’t considered ‘Royalty’ under India-Singapore DTAA.

Depreciation u/s 32 not available in absence of any business activity

August 29, 2023 1194 Views 0 comment Print

ITAT Delhi held that depreciation under section 32 of the Income Tax Act not available as the assessee is not carrying on any business activity.

Disallowance of staff welfare expenditure resorting to adhoc base unsustainable

August 29, 2023 1755 Views 0 comment Print

ITAT Delhi held that disallowance of staff welfare expenditure on the adhoc basis unsustainable as AO failed to establish as to who the expenses are not incurred for business purpose.

Addition u/s 68 unsustainable as identity, creditworthiness and genuineness of transaction established

August 29, 2023 2721 Views 0 comment Print

ITAT Delhi held addition u/s 68 of the Income Tax Act unsustained as assessee duly satisfied the initial onus i.e. identity, creditworthiness and genuineness of the transaction established.

No Section 271B Penalty for Delayed Audit Report due to IBC Proceedings

August 29, 2023 645 Views 0 comment Print

ITAT Delhi determines if Bhushan Aviation’s audit report delay due to IBC proceedings warrants a penalty under the Income Tax Act section 271B.

Revenue cannot adjust TDS on Salary not deposited by employer against refunds of employee

August 29, 2023 669 Views 0 comment Print

ITAT Delhi rules on tax refund adjustment. Employers not depositing withheld tax can’t be set off against refunds owed to employees under Section 205.

ITAT Deletes Addition u/s 69 for Cash Withdrawal & Redeposit in Unsuccessful Property Deal

August 29, 2023 1368 Views 0 comment Print

ITAT Delhi reviews Inderjeet vs ITO case: Decision on withdrawals & redeposits for property deals. ITAT deletes addition under section 69.

ITAT allows Section 54 Deduction Not Claimed in Original or Revised Return

August 29, 2023 762 Views 0 comment Print

ITAT Delhi permits a Section 54 deduction that wasn’t claimed in original or revised returns. The case highlights the powers of appellate authorities.

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