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ITAT Delhi

Validity of substantive addition in one year & protective addition in other year

March 10, 2023 1176 Views 0 comment Print

Microsoft Regional Sales Pte. Ltd. Vs ACIT (ITAT Delhi) While in the A.Y. 2018-19, the protective addition has been made in the hands of the assessee and the substantive addition has been made in the Mol Corporation during the A.Y. 2019-20, the substantive addition has been made in the case of assessee as the case […]

Income Tax: Section 271E Penalty cannot be Imposed Mechanically

March 10, 2023 756 Views 0 comment Print

Devinder Gupta & Sons (HUF) Vs CIT (ITAT Delhi) It is an admitted position that the assessee had taken loan from the lender in the earlier years, a part of which has been repaid during the year albeit in cash. The amount of loan has been consequently reduced. A confirmation whereof from the lender has […]

Penalty u/s 271D leviable on failure to furnish reasonable cause for taking cash loan

March 10, 2023 672 Views 0 comment Print

ITAT Delhi held that in absence of any reasonable cause for taking cash loan (i.e. contravening provisions of section 269SS of the Income Tax Act), penalty under section 271D of the Income Tax Act duly leviable.

Disallowance of electricity duty payable u/s 43B of Income Tax Act is unwarranted

March 10, 2023 684 Views 0 comment Print

ITAT Delhi held that disallowance of Electricity Duty payable by the assessee by invoking provisions of section 43B of the Income Tax Act, 1961 is unwarranted and unjustified.

ITAT Restricted section 54 exemption as investment in house property was done jointly

March 8, 2023 12123 Views 1 comment Print

ITAT Delhi held that when the investment in house property is done jointly, claim under section 54 of the Income Tax Act is restricted to the 50%.

Capital gain not taxable in the hands of person who sold property as attorney

March 8, 2023 2487 Views 0 comment Print

ITAT Delhi held that capital gain cannot be taxed in the hands of the person who sold the property as attorney of the owner. The same is taxable only in the hands of the owner of the property.

TDS u/s 194C deductible on payments towards bus hire and wharfage charges

March 6, 2023 687 Views 0 comment Print

ITAT Delhi held that TDS under section 194C of the Income Tax Act is deductible on payments made towards bus hire charges and wharfage charges.

No Section 234B & 234C Interest, if entire income was subject to TDS

March 5, 2023 4254 Views 0 comment Print

ITAT held that Interest under section 234B and 234C not chargeable, if entire income of the assessee was subjected to TDS.

TDS u/s 194A deductible on interest paid by subsidiary to holding company

March 4, 2023 1650 Views 0 comment Print

ITAT Delhi held that TDS under section 194A of the Income Tax Act duly deductible on interest paid by subsidiary company to its holding company.

Interest income on income tax refund chargeable @10% as per India-Japan tax treaty

March 4, 2023 2406 Views 0 comment Print

ITAT Delhi held that interest income on income tax refund is chargeable at the rate of 10% as per Article 11 of India – Japan tax treaty.

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