Appeal allowed; impugned order quashed as regulator failed to prove nexus or manipulative scheme; sale genuine - s.12A(a)-(c), Regs 3(a)-(d),4(1),4(2)...
Appellant's ring-back tone service held OIDAR, taxable domestically for 01.07.2012-31.07.2016; liability confirmed, penalties vacated, remanded for re...
ITAT holds that condonation of delay u/s 119(2)(b) validates the assessee's option under s.115BAA, rendering the sole dispute concerning denial of the concessional 22% rate moot. The Tribunal sets aside the order of the CIT(A) and restores the matter to the file of the AO with directions that the AO: (i) take cognizance of the condonation order dated 11.09.2025 passed by the PCIT u/s 119(2)(b); (ii) verify electronic filing of Form No.10-IC and recompute tax liability at 22% u/s 115BAA; and (iii) afford the assessee an opportunity of being heard before giving effect to these directions. The assessee's appeal is allowed for statistical purposes.
ITAT holds that condonation of delay u/s 119(2)(b) validates the assessee's option under s.115BAA, rendering the sole dispute concerning denial of the concessional 22% rate moot. The Tribunal sets aside the order of the CIT(A) and restores the matter to the file of the AO with directions that the AO: (i) take cognizance of the condonation order dated 11.09.2025 passed by the PCIT u/s 119(2)(b); (ii) verify electronic filing of Form No.10-IC and recompute tax liability at 22% u/s 115BAA; and (iii) afford the assessee an opportunity of being heard before giving effect to these directions. The assessee's appeal is allowed for statistical purposes.
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