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ITAT Delhi

Penalty Proceedings cannot be Challenged before Formal Order: ITAT Delhi

July 19, 2023 705 Views 0 comment Print

Delhi ITAT dismisses appeal in Tekchand Vs ITO case, stating that penalty proceedings cannot be contested unless a formal order is issued. Read the complete analysis here.

No TDS on amount paid by resident to non-resident for resale of computer software through EULA agreements

July 18, 2023 9765 Views 0 comment Print

ITAT Delhi held that amounts paid by resident Indian to non­resident computer software manufacturers/suppliers, as consideration for the resale/use of the computer software through EULAs/distribution agreements, is not the payment of royalty and hence not taxable in India. Hence, TDS u/s. 195 not deductible.

Enhancement by CIT(A) without providing opportunity to assessee is unsustainable

July 18, 2023 411 Views 0 comment Print

ITAT Delhi held that enhancement by CIT(A) without providing reasonable opportunity of showing cause against the proposed enhancement to the Assessee is unsustainable in law.

ITAT Deletes Penalty under Section 272A(1)(d) for Technological Illiteracy and Third-Party Negligence

July 17, 2023 11871 Views 0 comment Print

Understand the landmark case of Maqsood Ali Vs ITO, where the Income Tax Appellate Tribunal (ITAT) in Delhi ruled against imposing a penalty under section 272A(1)(d) for non-compliance of statutory notices given reasonable cause.

ITAT Dismisses Appeal as Defective due to Continuous Absence of assessee

July 17, 2023 825 Views 0 comment Print

Get an in-depth analysis of the ITAT Delhi case, where the appeal filed by Geetu Kamra was dismissed due to her continuous absence and non-compliance with court directives.

Voith Siemens Hydro Private Limited Vs ACIT: Analysis of Transfer Pricing Proceedings | ITAT Delhi

July 17, 2023 372 Views 0 comment Print

Explore the details of the case between Voith Siemens Hydro Private Limited and ACIT regarding transfer pricing proceedings. Analyze the expenses incurred for engineering services and administrative support services, the examination of invoices, and the arguments presented. Understand the outcome and implications of the case.

Disallowance u/s 14A against Expenses for Exempt Income, Not Taxable Income

July 17, 2023 630 Views 0 comment Print

ITAT Delhi held that disallowance u/s 14A of the Act is made in respect of expenses attributable to exempt income and not the taxable income. Further, the disallowance u/s 14A of the Income Tax Act should not exceed the exempt income of that year.

Once income is shown the assessee has every right to get credit of TDS

July 17, 2023 1959 Views 0 comment Print

ITAT Delhi held that if the assessee has shown the income, then, the assessee has every right to get credit of TDS even if deductor has deducted tax in subsequent A.Y.

Service Tax reimbursement not includible in gross turnover to calculate taxable income under Section 44BB

July 17, 2023 558 Views 0 comment Print

Explore the crucial judgment of ITAT Delhi in the case of DCIT Vs Western Geco International Ltd. A deep dive into issues of taxation under Sections 44DA, 44B, and 44BB of the Income Tax Act.

ITAT Allows Deduction for Business Service Charges to Associate Concern for HR Services

July 17, 2023 588 Views 0 comment Print

Analyzing the key implications of ITAT’s ruling in the case of ACIT Vs Jones Lang Lasalle Building Operation Pvt Ltd, highlighting the acceptability of business service charges for HR-related services provided by associate concerns.

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