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ITAT Delhi

Departmental authorities cannot question validity of Tax Residency Certificate

August 23, 2023 936 Views 0 comment Print

ITAT Delhi held that that the departmental authorities cannot question the validity of Tax Residency Certificate. Once the assessee holds a valid TRC, it proves the residential status of the assessee as resident of Mauritius, hence, it will be eligible to treaty benefits.

Addition of Offshore Supply Income to PE in India on account of loss Unjustified

August 22, 2023 579 Views 0 comment Print

ITAT Delhi held that addition on account of attributing income from offshore supplies to permanent establishment in India unjustified in case of loss.

TDS Exemption on HUDA Payments: ITAT Delhi Ruling

August 22, 2023 4188 Views 0 comment Print

An analysis of ITAT Delhi’s order in ITO Vs Santur Builders Pvt Ltd, stating that TDS is not applicable on EDC payments to HUDA on behalf of State Government.

Cost-to-cost reimbursement of secondment of employees not FTS under India-USA DTAA

August 21, 2023 1710 Views 0 comment Print

ITAT Delhi held that cost to cost reimbursement on account of secondment of employees cannot be treated as Fees for Technical Services (FTS) as defined under Article 12 of India USA-Double Tax Avoidance Agreement (DTAA).

Belated Filing under IT Act 139(4) Can’t Deny Section 80P Tax Deduction: ITAT

August 21, 2023 4869 Views 0 comment Print

Insights into ITAT Delhi’s verdict on the denial of income tax deduction due to belated returns under Section 139(4) of the Income Tax Act for AY 2019-20.

Business Nexus Required for Allowance of Bad Debts Claim: ITAT

August 21, 2023 444 Views 0 comment Print

Analysis of ITAT Delhi’s ruling in DCIT vs Centum Learning Ltd on debts claim, business nexus & re-adjudication. A critical look at the order dated 12.04.2019.

Institution Owned by Society/Trust: No Separate PAN or Return Needed

August 21, 2023 3549 Views 0 comment Print

ITAT Delhi deletes section 68 addition in B N Public School vs ACIT, confirming no separate PAN or return needed for institution owned by trust/society.

Indexation Benefit for Acquisition Costs Based on Payment Year’s Index: ITAT

August 21, 2023 3390 Views 0 comment Print

Analysis of ITAT Delhi’s ruling in Bushra Javed Vs ACIT: Indexation benefits for acquisition costs based on payment year. Read the full legal insight here.

Amount received mistakenly and returned back with interest is allowable as deduction u/s 37

August 20, 2023 750 Views 0 comment Print

ITAT Delhi held that amount which was mistakenly received and returned with interest by virtue of order of the Court is allowable as deduction under section 37 of the Income Tax Act.

Imposition of penalty u/s 271(1)(c) without specifying the limb is bad-in-law

August 20, 2023 1284 Views 0 comment Print

ITAT Delhi held that penalty notice under section 271(1)(c) without specifying the limb is vague and ambiguous, accordingly, penalty proceedings not sustainable.

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