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ITAT Delhi

Addition for Violation of section 40A(3) sustained because of non-satisfying reply

May 18, 2023 972 Views 0 comment Print

ITAT Delhi held that violation of section 40A(3) sustained as the reply provided by the assessee is hypothetical and non-satisfying.

Order passed on non-existing entity is liable to be quashed

May 18, 2023 1086 Views 0 comment Print

ITAT Delhi held that assessment order passed on non-existing entity (dissolved company) is liable to be quashed as the Assessing Officer has the knowledge of the dissolution of the company.

ITAT deletes Addition for Cash Deposit which was based on strange logic

May 18, 2023 582 Views 0 comment Print

ITAT find from assessment order that there has been no abnormal cash deposit and assessment order is based on estimation and strange logic and without any legal basis and hence, held to be legally invalid.

On-money received on sale of agricultural land, even when not declared, is also exempt & cannot be taxed

May 18, 2023 5772 Views 0 comment Print

Explore the ITAT Delhi ruling on the taxation of on-money received on the sale of agricultural land, examining the exemption and tax implications under the Income Tax Act.

Invocation of revisionary proceedings u/s 263 merely because of non-agreeing to the view of AO is unjustified

May 17, 2023 786 Views 0 comment Print

ITAT Delhi held that PCIT is not empowered to invoke revisionary proceedings u/s. 263 of the Income Tax Act, merely because he is not agree with the view taken by the AO. Accordingly, revisionary proceedings bad in law.

Global operation fees not taxable as FTS under India-UK DTAA

May 17, 2023 813 Views 0 comment Print

ITAT Delhi held that global operation fees cannot be taxed as Fees for Technical Services (FTS) under the provisions of the Act and the India-UK DTAA as it doesn’t satisfy the ‘make available’ clause contained in Article 13(4)(c) of the India-UK DTAA.

Notional interest not taxable as bank statement doesn’t show credit of any interest

May 17, 2023 1149 Views 0 comment Print

ITAT Delhi held that notional interest cannot be taxed as income as bank statement of the foreign bank account doesn’t show that any interest has been credited.

ITAT allows Benefit of Cost of Acquisition in construction of roof rights in property

May 16, 2023 675 Views 0 comment Print

Learn how ITAT Delhi’s ruling favored Manoj Mediratta in a capital gain assessment case, setting aside the addition made by the assessing authority and remanding the issue for fresh consideration.

Assessee obtained PAN of Transporter – Section 194C TDS not applicable

May 16, 2023 2328 Views 0 comment Print

Chandigarh Freight Carrier vs PCIT case delves into tax deduction issues under Section 194C. Detailed analysis reveals how compliance and jurisdiction were evaluated by ITAT Delhi.

Penalty quashed as AO not specified under which limb he intended to impose Penalty

May 16, 2023 531 Views 0 comment Print

ITAT Delhi deletes penalties imposed under section 271(1)(c) for concealment of income/filing inaccurate particulars in Babita Khurana vs DCIT case. Detailed analysis and ruling provided.

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