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ITAT Delhi

Rendering cloud computing services not liable to tax in India as royalty or FTS/FIS

August 5, 2023 9921 Views 0 comment Print

ITAT Delhi held that rendering cloud computing services/ Amazon Web Services (AWS Services) cannot be held to be liable to tax in India either as royalty or as Fees for Technical Services (FTS)/ Fees for Included Services (FIS).

Notice u/s 153C beyond six Assessment Year from date of recording of satisfaction note is without jurisdiction

August 4, 2023 8649 Views 0 comment Print

ITAT Delhi held that issuance of notice u/s 153C of the Income Tax beyond six Assessment Year immediately preceding the Assessment year from the date of recording of satisfaction note/ handling over of relevant material is not in accordance with law.

ITAT Allows Tax Deduction on Agricultural Land Compensation

August 4, 2023 5127 Views 0 comment Print

Read the full text of the order by ITAT Delhi in Virender Rathee vs ITO case. The ITAT allows tax deduction on interest received from enhanced compensation against compulsory acquisition of agricultural land.

PCIT cannot Initiate Revision Proceedings after disposal of appeal by CIT(A)

August 4, 2023 717 Views 0 comment Print

CIT(A) resolved the appeal, considering the TDS credit issue, on 08/05/2019. Therefore, PCIT can’t invoke s.263 revision proceedings for the same issue, per Explanation-1(c) to section 263(1) of the Act.

Denial of deduction u/s. 80HHC merely stating income are not derived from export unjustified

August 3, 2023 852 Views 0 comment Print

ITAT Delhi held that income classified as ‘business income’ but not considered for the purpose of working of deduction u/s 80HHC merely on the nomenclature that income are not derived from export is unjustifiable as it is not justified that income has no nexus with earning of export.

AO cannot Rectify PCIT’s Mistake under VSVS Scheme: ITAT Delhi)

August 3, 2023 1374 Views 0 comment Print

Explore the case Dariyav Singh Vs ITO. Understand why the Assessing Officer was deemed unfit to rectify the Principal CIT’s mistake in form 5 under VSVS Scheme.

Advisory Services Receipts Not Taxed as Technical Knowledge under India-UK DTAA: ITAT

August 2, 2023 2901 Views 0 comment Print

In present facts of the case, it was held that the services rendered were in the nature of advisory services as per the terms of the agreement, therefore these services cannot be the part of Fees for Technical Services (FTS) under Article 13 of India – UK DTAA.

Capital Expenditure Incurred Only When Whole Machine is Replaced, Not for Parts

August 1, 2023 2064 Views 0 comment Print

In present facts of the case, the Hon’ble Tribunal while deducting the additions made by Ld. AO for repair and maintenance, it was observed that if the replacement is of a baby part only, then the same cannot be considered to be a capital expenditure.

No Adhoc Addition Without Identified Defects: ITAT Delhi

August 1, 2023 558 Views 0 comment Print

ITAT has deleted an ad-hoc disallowance related to the expenses for repair and maintenance for City Lifeline Travels Pvt. Ltd.

ITAT allows capitalization of Penal Interest paid to NOIDA authority

July 31, 2023 1086 Views 0 comment Print

Explore the ITAT Delhi’s ruling on a case, ITO Vs Logix Buildcon Pvt Ltd, asserting that the interest incurred towards project expenses cannot be deducted.

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