ITAT Delhi
Explore the latest ITAT Delhi judgments, orders, and appellate decisions on direct tax matters from the Delhi bench of the Income Tax Appellate Tribunal
![Due Opportunity shall be provided to Assessee for establishing a case of Non-receipt of Statutory Notices: ITAT set aside Order of CIT(A) [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/09/Due-Opportunity-Assessee-establishing-Non-receipt-Statutory-Notices-ITAT-Order-CITA-TAXSCAN.jpg "Due Opportunity shall be provided to Assessee for establishing a case of Non-receipt of Statutory Notices: ITAT set aside Order of CIT(A) [Read Order]")
Due Opportunity shall be provided to Assessee for establishing a case of Non-receipt of Statutory Notices: ITAT set aside Order of CIT(A) [Read Order]
The Delhi bench of the Income Tax Appellate Tribunal (ITAT) held that due opportunity shall be provided to the assessee for establishing a case of...
![ITAT quashes Reassessment Order passed u/s 148 of Income Tax Act based on vague reasons related to Transactions carried on platform of NSE [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/09/ITAT-quashes-Reassessment-Order-passed-Income-Tax-Act-ITAT-Reassessment-Order-passed-Transactions-carried-on-platform-of-NSE-Reassessment-taxscan.jpg "ITAT quashes Reassessment Order passed u/s 148 of Income Tax Act based on vague reasons related to Transactions carried on platform of NSE [Read Order]")
![Addition u/s 69 of Income Tax Act shall not be made, if assessee proves identity and creditworthiness of lenders in respect of loan taken for purchase of property: ITAT [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/09/Addition-Income-Tax-Act-assessee-identity-creditworthiness-lenders-respect-loan-purchase-property-ITAT-TAXSCAN.jpg "Addition u/s 69 of Income Tax Act shall not be made, if assessee proves identity and creditworthiness of lenders in respect of loan taken for purchase of property: ITAT [Read Order]")
![Income Tax Addition u/s 68 of Income Tax Act without giving Opportunity to Assessee for Cross Examination of Third Person: ITAT orders Fresh Adjudication [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/09/Income-Tax-Income-Tax-Act-Opportunity-Assessee-Cross-Examination-Third-Person-ITAT-Fresh-Adjudication-TAXSCAN.jpg "Income Tax Addition u/s 68 of Income Tax Act without giving Opportunity to Assessee for Cross Examination of Third Person: ITAT orders Fresh Adjudication [Read Order]")
![Donations given out of Accumulated funds u/s 11(2) shall be deemed as Income of Trust: ITAT [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/09/Donations-given-out-of-Accumulated-funds-Income-of-Trust-Donations-ITAT-Accumulated-funds-taxscan.jpg "Donations given out of Accumulated funds u/s 11(2) shall be deemed as Income of Trust: ITAT [Read Order]")
AO cannot Question Tax Residency of Entity Holding Valid TRC as per India-Mauritius DTAA: ITAT [Read Order]
The Delhi Bench of Income Tax Appellate Tribunal (ITAT) has held that the Assessing Officer (AO) could not question the tax residency of entity holding the valid Tax Residency Certificate (TRC) as...
![AO cannot Question Tax Residency of Entity Holding Valid TRC as per India-Mauritius DTAA: ITAT [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/09/AO-cannot-Question-Tax-Residency-of-Entity-Holding-Tax-Residency-of-Entity-Holding-Valid-TRC-India-Mauritius-DTAA-ITAT-taxscan-1.jpg "AO cannot Question Tax Residency of Entity Holding Valid TRC as per India-Mauritius DTAA: ITAT [Read Order]")
Capital Gain Derived by Sale of Equity Shares not Taxable in terms of Article 13(4) of India-Mauritius DTAA: ITAT [Read Order]
The Delhi Bench of Income Tax Appellate Tribunal (ITAT) has held that the capital gain derived by the sale of equity shares is not taxable in terms of Article 13(4) of the India Mauritius Double...
![Capital Gain Derived by Sale of Equity Shares not Taxable in terms of Article 13(4) of India-Mauritius DTAA: ITAT [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/09/ITAT-capital-Gain-Capital-Gain-Derived-by-Sale-of-Equity-Equity-India-Mauritius-DTAA-taxscan.jpg "Capital Gain Derived by Sale of Equity Shares not Taxable in terms of Article 13(4) of India-Mauritius DTAA: ITAT [Read Order]")
Unit Linked Insurance Scheme is Not Life Insurance: Redemption of ULIP Taxable as "Capital Gain", rules ITAT [Read Order]
The Delhi bench of the Income Tax Appellate Tribunal (ITAT) held that Life being insured by transaction would not alter the basic character of transaction under Section 10(10D). The assessee filed...
![Unit Linked Insurance Scheme is Not Life Insurance: Redemption of ULIP Taxable as Capital Gain, rules ITAT [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/09/Insurance-Scheme-Life-Insurance-Redemption-ULIP-Taxable-Capital-Gain-ITAT-TAXSCAN.jpg "Unit Linked Insurance Scheme is Not Life Insurance: Redemption of ULIP Taxable as Capital Gain, rules ITAT [Read Order]")
Provisions of Section 41(1) of Income Tax Act are Attracted Only if Some Trading Liability is Written back: ITAT deletes Addition [Read Order]
The Delhi Bench of Income Tax Appellate Tribunal (ITAT) has deleted addition holding that the provisions of Section 41(1) of the Income Tax Act would be attracted only if some trading liability has...
![Provisions of Section 41(1) of Income Tax Act are Attracted Only if Some Trading Liability is Written back: ITAT deletes Addition [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/09/Provisions-Income-Tax-Act-are-Attracted-Trading-Liability-is-Written-back-ITAT-Deletes-Addition-TAXSCAN.jpg "Provisions of Section 41(1) of Income Tax Act are Attracted Only if Some Trading Liability is Written back: ITAT deletes Addition [Read Order]")
Undisputed Source of Cash Deposits in Bank Account during Demonetization: ITAT deletes Income Tax Addition [Read Order]
The Delhi Bench of Income Tax Appellate Tribunal (ITAT) held that there is no vacillation to hold that the source of the cash deposited in the bank account has been undisputedly proved, hence deleted...
![Undisputed Source of Cash Deposits in Bank Account during Demonetization: ITAT deletes Income Tax Addition [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/09/Undisputed-Source-of-Cash-Deposits-Source-of-Cash-Deposits-Bank-Account-ITAT-deletes-Income-Tax-Addition-ITAT-taxscan.jpg "Undisputed Source of Cash Deposits in Bank Account during Demonetization: ITAT deletes Income Tax Addition [Read Order]")
Capital Gain Deduction u/s 54 Allowable in the Year of Handing Over of Possession, not in the Year of Payment of Consideration: ITAT [Read Order]
The Delhi Bench of Income Tax Appellate Tribunal (ITAT) has held that the capital gain deduction under Section 54 of the Income Tax Act, 1961 could be allowable in the year of handing over of...
![Capital Gain Deduction u/s 54 Allowable in the Year of Handing Over of Possession, not in the Year of Payment of Consideration: ITAT [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/09/Capital-Gain-Deduction-Year-Handing-Possession-Year-Payment-Consideration-ITAT-TAXSCAN.jpg "Capital Gain Deduction u/s 54 Allowable in the Year of Handing Over of Possession, not in the Year of Payment of Consideration: ITAT [Read Order]")
Income from sub licensing software for healthcare business in India Shall not be taxed as Business Income under India – USA DTAA due to absence of PE: ITAT [Read Order]
The Income Tax Appellate Tribunal (ITAT) Delhi bench held that the Income from sub licensing software for the healthcare business in India should not be taxed under Business Income due to...
![Income from sub licensing software for healthcare business in India Shall not be taxed as Business Income under India – USA DTAA due to absence of PE: ITAT [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/09/Income-sub-licensing-software-healthcare-business-India-Business-Income-India-USA-DTAA-PE-ITAT-TAXSCAN.jpg "Income from sub licensing software for healthcare business in India Shall not be taxed as Business Income under India – USA DTAA due to absence of PE: ITAT [Read Order]")