Tag Archives: IN THE ITAT DELHI BENCH

The Commissioner (Appeals) can validly set aside an ex-parte reassessment and remand it for fresh adjudication.

By Ashwani Kumar | June 25, 2026

The Commissioner (Appeals) can validly set aside an ex-parte reassessment and remand it for fresh adjudication. The Commissioner (Appeals) can validly set aside an ex-parte reassessment and remand it for fresh adjudication. Issue Whether the Commissioner (Appeals) [CIT(A)] is legally empowered under Section 251(1)(a), read with the statutory proviso inserted via the Finance Act, 2024,… Read More »

Valid Advance Pricing Agreements bind the Revenue, precluding alternative business expenditure disallowances under Section 37(1).

By Ashwani Kumar | June 25, 2026

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Valid Advance Pricing Agreements bind the Revenue, precluding alternative business expenditure disallowances under Section 37(1). Issue Whether the tax department can alternatively disallow an expenditure under Section 37(1) of the Income-tax Act after the underlying international transaction has already been covered, verified, and accepted under a binding Advance Pricing Agreement (APA) under Section 92CC. Facts… Read More »

Disallowance under Section 36(1)(iii) must reflect actual interest paid, while verified loans defeat Section 68 additions.

By Ashwani Kumar | June 24, 2026

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Disallowance under Section 36(1)(iii) must reflect actual interest paid, while verified loans defeat Section 68 additions. Issue Whether the lower authorities were justified in making a massive interest disallowance under Section 36(1)(iii) without correlating the disallowance to the actual interest expenditure incurred on loans diverted for interest-free advances. Whether an addition under Section 68 for… Read More »

Final Assessment Order Passed in the Name of an Amalgamated, Non-Existent Entity is Void

By Ashwani Kumar | June 23, 2026

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Final Assessment Order Passed in the Name of an Amalgamated, Non-Existent Entity is Void Issue Whether DRP directions and a final assessment order passed under Section 143(3) read with Sections 144C(13) and 144B in the name of an erstwhile amalgamated company are valid, when the fact of amalgamation and subsequent name change had already been… Read More »

TPO cannot arbitrarily value management fees at ‘Nil’ or treat interest on receivables as a standalone transaction.

By Ashwani Kumar | June 22, 2026

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TPO cannot arbitrarily value management fees at ‘Nil’ or treat interest on receivables as a standalone transaction. Issue Whether the Transfer Pricing Officer (TPO) was legally justified in reducing the Arm’s Length Price (ALP) of management fees and royalty payments to ‘Nil’, making a separate adjustment for interest on outstanding receivables, and disallowing late employee… Read More »