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
![No Addition u/s 41(1) of the Income Tax Act as assessee acknowledged liability and reflected the same in its books of account: ITAT [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/09/No-Addition-Addition-Income-Tax-Act-Income-Tax-Act-as-assessee-acknowledged-liability-and-reflected-the-same-in-its-books-of-account-assessee-books-of-account-ITAT-income-tax-taxscan.jpg "No Addition u/s 41(1) of the Income Tax Act as assessee acknowledged liability and reflected the same in its books of account: ITAT [Read Order]")
No Addition u/s 41(1) of the Income Tax Act as assessee acknowledged liability and reflected the same in its books of account: ITAT [Read Order]
The Income Tax Appellate Tribunal (ITAT) Delhi bench held that Addition under Section 41(1) of the Income Tax Act, 1961 should not be invoked since...
![No Deletion of Income Tax Addition Merely on Technical Ground of Wrong Mentioning of Provision by AO: ITAT [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/09/Deletion-No-Deletion-No-Deletion-of-Income-Tax-Addition-ITAT-taxscan.jpg "No Deletion of Income Tax Addition Merely on Technical Ground of Wrong Mentioning of Provision by AO: ITAT [Read Order]")
![ITAT quashes Reassessment Order passed without fulfillment of criteria u/s 151 of Income Tax Act [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/09/ITAT-Reassessment-Order-ITAT-quashes-Reassessment-Order-fulfillment-of-criteria-Income-Tax-Act-Income-Tax-taxscan.jpg "ITAT quashes Reassessment Order passed without fulfillment of criteria u/s 151 of Income Tax Act [Read Order]")
![Addition made by AO u/s 68 Not sustainable when Assessee has proved identity, Creditworthiness, and Genuineness of Share Capital transactions: ITAT [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/09/Addition-ITAT-AO-Assessee-sustainable-when-Assessee-has-proved-identity-taxscan.jpg "Addition made by AO u/s 68 Not sustainable when Assessee has proved identity, Creditworthiness, and Genuineness of Share Capital transactions: ITAT [Read Order]")
![Addition u/s 69A cant be made on basis of Unsigned and Unexecuted Draft of Agreement to Sale found in Soft Copy from Third Party Premises: ITAT [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/09/Addition-Unsigned-Unexecuted-Draft-Agreement-Sale-found-Soft-Copy-Third-Party-Premises-ITAT-TAXSCAN.jpg "Addition u/s 69A cant be made on basis of Unsigned and Unexecuted Draft of Agreement to Sale found in Soft Copy from Third Party Premises: ITAT [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 non-receipt of the statutory notice. The assessee...
![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]")
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]
The Income Tax Appellate Tribunal (ITAT) Delhi bench quashes Reassessment order passed under Section 148 of the Income Tax Act, 1961 based on vague reasons related to transactions carried on platform...
![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]
The Income Tax Appellate Tribunal (ITAT) Delhi bench held that Income Tax Addition under Section 69 of the Income Tax Act, 1961 should not be made if assessee prove identity and creditworthiness of...
![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]
The Delhi Bench of Income Tax Appellate Tribunal (ITAT) held that the inaction and omission on the part of Assessing Officer (AO) as well as Commissioner of Income Tax (Appeals) [CIT(A)] not...
![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]
The Delhi bench of the Income Tax Appellate Tribunal (ITAT) held that the donations given out of accumulated funds under Section 11(2) of the Income Tax Act, 1961 shall be deemed as income of the...
![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]")