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ITAT Delhi

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).

ITAT Directs Re-Adjudication: Notice Issued in Individual Name Instead of HUF

January 17, 2024 594 Views 0 comment Print

ITAT Delhi directs reassessment as notice issued to individual, not HUF, in late Pitam Singh’s case. Analysis of the grounds and implications of the decision.

Exceeding gross receipts threshold under IT Act Section 2(15) doesn’t warrant cancellation

January 17, 2024 807 Views 0 comment Print

Charitable Registration cannot be cancelled even if  gross receipts exceeds threshold limit prescribed in proviso u/s 2(15) of Income Act, 1961 and For that particular year alone, the assessee’s activities would not to be construed as charitable activities and assessee would be subjected to tax as a normal business assessee.

ITAT Allows section 54 Deduction for property registered in spouse’s name

January 13, 2024 14055 Views 0 comment Print

ITAT Delhi rules in favor of taxpayer Simran Bagga, allowing deduction under section 54 for property registered in spouse’s name. Full text and analysis here.

PCIT Central not competent authority u/s 12AB(1) to pass order on registration of Trust

January 9, 2024 3270 Views 0 comment Print

The recent ruling by the Delhi ITAT in the case of Aggarwal Vidya Pracharni Sabha vs. PCIT has brought to light significant issues regarding the jurisdictional authority in registration cancellation under Section 12AB(4). The order, dated 08.01.2024, has declared the cancellation by PCIT Central as without jurisdiction.

TDS Claim Denied – ITAT Delhi Directs Re-examination

January 9, 2024 855 Views 0 comment Print

Explore ITAT Delhi’s order directing re-examination of TDS claim denial by CPC. Detailed analysis of the case, issues, and the CBDT’s notification for TDS refunds.

Assessment Order Without DIN/DN Quashed by ITAT Delhi

January 9, 2024 1077 Views 0 comment Print

Explore ITAT Delhi ruling in Smt. Sharda Devi Bajaj vs. DCIT. Quashing of assessment order lacking Document Identification Number (DIN/DN). Analysis of CBDT Circular.

Mere Absence of Bills for Wrist Watches Not Grounds for Section 69A Addition

January 7, 2024 1440 Views 0 comment Print

Explore the ITAT Delhi’s decision in Narinder Singh Punihani vs. DCIT case. No addition under Section 69A for wrist watches absence of bills. Full analysis and conclusion.

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