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ITAT Delhi

Quasi-judicial authority must decide issue of jurisdiction when raised: ITAT Delhi

January 24, 2024 600 Views 0 comment Print

ITAT Delhi acknowledged the significance of jurisdictional facts and held that a quasi-judicial authority must decide the issue of jurisdiction when raised. The lack of a clear decision on jurisdiction prompted the ITAT to set aside the PCIT’s order and remand the matter for a fresh decision, including the preliminary issue of jurisdiction.

No penalty on addition owing to variation in perception of valuer and that of AO

January 24, 2024 2157 Views 0 comment Print

ITAT Delhi cancels penalty under section 271(1)(c) in Identity Wellness Centre case. Displacement of fair market value supported by valuation report by AO.

ITAT Allows Section 80-IAB Deduction for Car Parking, Health Club, Food Court & Interest Income

January 23, 2024 723 Views 0 comment Print

ITAT’s decision favored Candor Kolkata One Hi-Tech Structures, allowing deductions under Section 80-IAB for on various incomes, including car parking, health club, food court, and interest.

NCDs Redemption, No Income Escapement: ITAT Delhi Rules in Favor of BCP Singapore

January 22, 2024 1548 Views 0 comment Print

BCP V Singapore FVCI Pte. Ltd. wins against reassessment by ITAT Delhi. Detailed analysis of Rs.203.56 Cr. redemption income dispute. No escapement found.

TDS under Section 194C Applicable to CAM Charges Distinct from Rent: ITAT Delhi

January 22, 2024 3414 Views 0 comment Print

ITAT Delhi decision on TDS under section 194C for CAM charges. Explore Liberty Retail Revolutions Ltd. vs ACIT case details, analysis, and conclusion.

India-Korea DTAA Article 15(1): Korean Resident’s Salary for Services Outside India Not Taxable  

January 21, 2024 978 Views 0 comment Print

ITAT Delhi rules in Amit Laroya vs ACIT case, stating salary of a Korean resident for services outside India is not taxable in India under Article 15(1) of India-Korea DTAA.

Section 144C(4) – Assessment Order Time-Barred if Objections Filed After Limitation: Delhi HC

January 21, 2024 2145 Views 0 comment Print

Delhi ITAT rules on time limitation for Assessment Order under Sec 144C(4). Analysis of objections filing, jurisdiction, and compliance with Income Tax Act. Full order details provided.

Punitive damage being negative restitution not allowable as business expense

January 20, 2024 603 Views 0 comment Print

ITAT Delhi held that punitive damage being allowed as negative restitution cannot be allowed as business expenditure under section 37(1) of the Income Tax Act

Section 115-O Rate Applies for Additional Tax on Dividends to Non-Residents, Not DTAA Rate

January 19, 2024 1119 Views 0 comment Print

Explore Sennheiser Electronics India vs Circle – 4 case at ITAT Delhi. Section 115-O rate applies for additional tax on dividends to non-residents, not DTAA rate.

Royalty u/s 9(1)(vi): Broadcasting rights for live event not chargeable to tax as royalty

January 18, 2024 1335 Views 0 comment Print

ITAT Delhi held that broadcasting “Live events” does not amount to a work in which copyright subsists i.e., “Live Rights”, is not “copyright” and therefore any payment made thereto can’t be said to be chargeable to tax as royalty under section 9(1)(vi).

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