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ITAT Delhi

Reimbursement of service tax not includible in gross turnover for Section 44BB

June 29, 2023 594 Views 0 comment Print

Explore the case of Western Geco International Ltd vs. DDIT (ITAT Delhi) and decision regarding exclusion of reimbursement of service tax from gross turnover for computation of taxable income under Section 44BB of Income Tax Act.

TDS @2% u/s 194C deductible on payment towards Common Area Maintenance charges

June 29, 2023 6273 Views 0 comment Print

ITAT Delhi held that Common Area Maintenance charges (CAM Charges) paid by the assessee are liable for 2% TDS u/s 194C of the Income Tax Act and not at 10% u/s 194I of the Income Tax Act.

Centralised service income not taxable under Article 12(4)(a) of India-USA DTAA as FTS/ FIS

June 28, 2023 1164 Views 0 comment Print

ITAT Delhi held that the receipts from centralised service income are not taxable as Fees for Technical Services (FTS)/ Fees for included Services (FIS) under Article 12(4)(a) of India-USA DTAA.

Assessment framed in different status is liable to be cancelled

June 27, 2023 672 Views 0 comment Print

ITAT Delhi held that issuance of notice by AO in the status of ‘Local Authority’ and assessment framed in different status i.e. in the name of ‘Artificial Juridical Person’ is bad in law and hence liable to be cancelled.

ITAT quashes Reassessment based on vague Accommodation Entry Information  

June 27, 2023 738 Views 0 comment Print

A comprehensive review of the landmark decision by ITAT Delhi in the SFS Infinite Ltd Vs DCIT case, examining the quashing of reassessment based on insufficient and obscure information.

Income cannot be held to be suppressed merely because service tax return was mistakenly filed

June 27, 2023 687 Views 0 comment Print

ITAT Delhi held that difference between service tax return and the revenue was occurred due to the wrong exchange rate applied to export income transaction while filing the service tax return. Hence, mere mistake in the service tax return does not mean that the income of the assessee has been suppressed.

Additions based on evidence not confronted to assessee are invalid

June 27, 2023 555 Views 0 comment Print

A detailed review of ITAT Delhi’s decision in the Dr. Shyam Sunder Doda Vs ACIT case, underscoring the importance of confronting evidence to the assessee before making any tax additions.

Mere acceptance of disallowance not imply furnishing of inaccurate income particulars

June 27, 2023 312 Views 0 comment Print

Comprehensive analysis of the ITAT Delhi’s decision in Gulab Impex Enterprises Pvt. Ltd. Vs ACIT, affirming that mere acceptance of disallowance does not necessarily constitute furnishing inaccurate particulars of income.

ITAT Delhi Grants Deduction for Foreign Travel Expenses of Directors

June 27, 2023 1491 Views 0 comment Print

ITAT Delhi upholds the deduction of foreign travel expenses of directors in the Arms Communications Pvt. Ltd Vs ACIT case, emphasizing the role of these expenses in business growth and prospecting.

Direction by CIT(A) in excess of jurisdiction conferred by section 251 is untenable

June 26, 2023 525 Views 0 comment Print

ITAT Delhi held that direction by CIT(A) to AO to take appropriate action for not deducting TDS from the perquisite in respect of interest free loans given to directors and to take appropriate action to tax the perquisites u/s. 17 of the Act is in excess of jurisdiction conferred by section 251 hence deleted.

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