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
![Principle of Res Judicata not Applicable to Income Tax Proceedings as Each Year is a Separate Event: ITAT [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/08/Principle-of-Res-Judicata-Income-Tax-Proceedings-ITAT-Income-Tax-taxscan.jpg "Principle of Res Judicata not Applicable to Income Tax Proceedings as Each Year is a Separate Event: ITAT [Read Order]")
Principle of Res Judicata not Applicable to Income Tax Proceedings as Each Year is a Separate Event: ITAT [Read Order]
The Delhi Bench of Income Tax Appellate Tribunal (ITAT) has held that the principle of Res judicata would not be applicable to the income tax...
![No TDS u/s 195 of Income Tax Act when No Income Chargeable to Tax Arose on Non-Resident: Delhi HC upholds Order of ITAT [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/08/TDS-Income-Tax-Act-Income-Tax-Arose-Non-Resident-Delhi-HC-upholds-Order-of-ITAT-Delhi-High-Court-ITAT-taxscan.jpg "No TDS u/s 195 of Income Tax Act when No Income Chargeable to Tax Arose on Non-Resident: Delhi HC upholds Order of ITAT [Read Order]")
![Sale of Stock of Agricultural Land can be Treated as Capital Gain not Business Receipt: ITAT deletes Addition [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/08/Sale-of-Stock-Sale-Stock-Agricultural-Land-Capital-Gain-Business-Receipt-ITAT-taxscan.jpg "Sale of Stock of Agricultural Land can be Treated as Capital Gain not Business Receipt: ITAT deletes Addition [Read Order]")
![Interest Expenditure not Claimed in Profit and Loss Account cannot be Treated as Revenue Expense for Disallowance u/s 14A of Income Tax Act: ITAT [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/08/Interest-Interest-Expenditure-Expenditure-Profit-ITAT-taxscan.jpg "Interest Expenditure not Claimed in Profit and Loss Account cannot be Treated as Revenue Expense for Disallowance u/s 14A of Income Tax Act: ITAT [Read Order]")
![Quantity of Gold Jewellery Less than Allowable Limit by CBDT Circular not Unexplained Jewellery u/s 69 of Income Tax Act: ITAT [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/08/Quantity-Gold-Jewellery-Allowable-CBDT-Circular-Unexplained-Jewellery-Income-Tax-Act-ITAT-TAXSCAN.jpg "Quantity of Gold Jewellery Less than Allowable Limit by CBDT Circular not Unexplained Jewellery u/s 69 of Income Tax Act: ITAT [Read Order]")
AO cannot Interpolate the Extra Payment for Every Month to Entire 12 Months for Additional Work by Guest Teachers: ITAT deletes Addition [Read Order]
The Delhi Bench of Income Tax Appellate Tribunal (ITAT) has deleted the additional holding that the Assessing Officer (AO) could not interpolate the extra payment for every month to the entire 12...
![AO cannot Interpolate the Extra Payment for Every Month to Entire 12 Months for Additional Work by Guest Teachers: ITAT deletes Addition [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/08/AO-Interpolate-Extra-Payment-Every-Month-Work-Guest-Teachers-ITAT-TAXSCAN.jpg "AO cannot Interpolate the Extra Payment for Every Month to Entire 12 Months for Additional Work by Guest Teachers: ITAT deletes Addition [Read Order]")
Mere Search Statement Recorded from Third Parties 5 years ago not Relevant for Framing Current Assessment: ITAT [Read Order]
The Delhi Bench of Income Tax Appellate Tribunal (ITAT) has held that mere search statements recorded from third parties 5 years ago would not be relevant for framing the current assessment year. ...
![Mere Search Statement Recorded from Third Parties 5 years ago not Relevant for Framing Current Assessment: ITAT [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/08/Search-Statement-Recorded-from-Third-Parties-Search-Statement-Statement-Recorded-Third-Parties-Framing-Current-Assessment-Current-Assessment-Assessment-ITAT-Taxscan.jpg "Mere Search Statement Recorded from Third Parties 5 years ago not Relevant for Framing Current Assessment: ITAT [Read Order]")
AO has No Jurisdiction to Declare its Earlier Assessment Order Null and Void and Substitute it with Another: ITAT [Read Order]
The Delhi Bench of Income Tax Appellate Tribunal (ITAT) held that the Assessing Officer (AO) has no jurisdiction to declare the assessment order passed earlier by him as null and void and...
![AO has No Jurisdiction to Declare its Earlier Assessment Order Null and Void and Substitute it with Another: ITAT [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/08/AO-AO-has-No-Jurisdiction-to-Declare-Its-Earlier-Assessment-Order-Assessment-Order-Jurisdiction-ITAT-Taxscan.jpg "AO has No Jurisdiction to Declare its Earlier Assessment Order Null and Void and Substitute it with Another: ITAT [Read Order]")
Rectification u/s 154 of Income Tax Act cannot be Invoked to Adjust prior period Expenses: ITAT deletes Addition [Read Order]
The Delhi Bench of Income Tax Appellate Tribunal (ITAT) has deleted the addition holding that the rectification under Section 154 of the Income Tax Act 1961 could not be invoked to adjust prior...
![Rectification u/s 154 of Income Tax Act cannot be Invoked to Adjust prior period Expenses: ITAT deletes Addition [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/08/Rectification-Income-Tax-Act-expenses-prior-period-expenses-ITAT-deletes-Addition-ITAT-Addition-taxscan.jpg "Rectification u/s 154 of Income Tax Act cannot be Invoked to Adjust prior period Expenses: ITAT deletes Addition [Read Order]")
Cloud Computing Services Rendered by Amazon Web Services to customers in India do not fall within “FIS” under Article 12(4)(b) of the India-USA DTAA: ITAT [Read Order]
The Delhi bench of the Income Tax Appellate Tribunal (ITAT) held that the cloud computing services rendered by Amazon web services to customers in India do not fall within the Fee for Technical...
![Cloud Computing Services Rendered by Amazon Web Services to customers in India do not fall within “FIS” under Article 12(4)(b) of the India-USA DTAA: ITAT [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/08/Cloud-Services-Amazon-Web-Services-customers-India-USA-DTAA-ITAT-TAXSCAN.jpg "Cloud Computing Services Rendered by Amazon Web Services to customers in India do not fall within “FIS” under Article 12(4)(b) of the India-USA DTAA: ITAT [Read Order]")
GE Energy did not have any PE in India as No Expatriate Employee Present in India in Impugned Assessment Years: ITAT [Read Order]
The Delhi Bench of Income Tax Appellate Tribunal (ITAT) has held that GE Energy Parts did not have any permanent establishment in India as no expatriate employee was present in India during the...
![GE Energy did not have any PE in India as No Expatriate Employee Present in India in Impugned Assessment Years: ITAT [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/08/GE-Energy-GE-Energy-did-not-have-any-PE-in-India-as-No-Expatriate-Employee-Present-in-India-Employee-Assessment-Years-ITAT-Taxscan.jpg "GE Energy did not have any PE in India as No Expatriate Employee Present in India in Impugned Assessment Years: ITAT [Read Order]")
Facility Management Services Income Taxable as "Business Income", Eligible for Applicable Statutory Deductions: ITAT directs Re-Determination of Income [Read Order]
The Delhi Bench of Income Tax Appellate Tribunal Held that Commissioner of Income Tax (Appeals) [CIT (A)] defaulted in recharacterizing the rental income as business income and arbitrarily...
![Facility Management Services Income Taxable as Business Income, Eligible for Applicable Statutory Deductions: ITAT directs Re-Determination of Income [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/08/Facility-Management-Services-Income-Business-Income-Statutory-Deductions-ITAT-directs-Re-Determination-of-Income-Deductions-Re-Determination-of-Income-taxscan.jpg "Facility Management Services Income Taxable as Business Income, Eligible for Applicable Statutory Deductions: ITAT directs Re-Determination of Income [Read Order]")