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ITAT Delhi

Amendment brought to Establish Source Of Source For Loans Is Effective From 01.04.2023

August 14, 2023 5439 Views 0 comment Print

Analysis of ITO vs Balwan Singh (ITAT Delhi) ruling. The case focuses on the amendment effective from 01.04.2023 about source verification for unsecured loans.

Technical know-how not made available- Sub-Contracting Charges Not Taxable as FIS in India

August 13, 2023 693 Views 0 comment Print

Read the analysis of SPI Global US vs ACIT (ITAT Delhi) case where sub-contracting charges taxability under India-USA DTAA was contested. Learn about the make available clause and the final decision.

PF Payment on Next Working Day if Last Date Falls on a Holiday is allowable: ITAT

August 12, 2023 5757 Views 0 comment Print

Analysis of the ITAT Delhi order in Radial International vs DCIT case. ITAT directs AO to re-examine PF payment disallowance due to holiday on the due date.

Matter already considered and decided by CIT(A) cannot be re-considered in revision proceeding

August 11, 2023 351 Views 0 comment Print

ITAT Delhi held that once a matter has been considered and decided by the ld.CIT(A), the very same issue cannot be the subject matter of consideration at all by PCIT in the revision proceedings either on substantive basis or on protective basis. Accordingly, revision order quashed.

Disaster recovery playout services and up-linking services are not in nature of FTS under India-Singapore DTAA

August 10, 2023 402 Views 0 comment Print

ITAT Delhi held that receipts from disaster recovery playout services and disaster recovery up-linking services are not in the nature of Fee for Technical Service (FTS) as envisaged under Article 12(4)(a) of India-Singapore DTAA.

Addition alleging rate difference of property sold without corroborative evidence unsustainable

August 10, 2023 4230 Views 0 comment Print

ITAT Delhi held that addition alleging different rates quoted/ booked for the same area and same property unsustainable as buyers to whom the space have been sold have admitted to have purchased at the price shown and no other cogent or corroborative evidence brought on record.

ITAT direct AO to find Every Month’ Definition in Clause 38 of EPF Scheme from PF/ESI Authority

August 9, 2023 1398 Views 0 comment Print

ITAT Delhi restored the issue to the file of AO with the direction to find out from the relevant PF authorities and ESI authorities about the term ‘every month’ as mentioned in clause 38 of the employees provident fund scheme.

Section 12AA Registration can’t be denied for absence of Dissolution Clause

August 9, 2023 1290 Views 0 comment Print

ITAT Delhi orders that absence of a dissolution clause in Trust Deed shouldn’t deny registration u/s 12AA of Income Tax Act in Roop V.K Jain Foundation case.

Goodwill acquired on Amalgamation is Eligible for Depreciation u/s 32 of Income Tax Act

August 8, 2023 1029 Views 0 comment Print

The assessee is a wholly owned subsidiary of GBT III BV, Netherlands and is engaged in the business of arranging travel for domestic customers within and outside India by facilitating services entailing booking of air tickets, accommodation, cab, conference rooms, catering services, management of corporate events, public relation services etc.

Salary to Vice President allowable u/s 37(1) as proved that business activity of company still subsists

August 8, 2023 723 Views 0 comment Print

ITAT Delhi held that were sufficient evidence on record that the business activity of the company was still subsisting and the service of the Vice President are indispensable. Accordingly, salary paid to Vice President is allowable u/s. 37(1).

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