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 held that the revision under s.263 by PCIT was unwarranted and set aside, finding the AO had made adequate inquiries and legitimately adopted one of two tenable legal views. The Tribunal allowed the assessee's appeal: (1) loss on capital reduction of shares pursuant to NCLT order qualifies as capital loss within the ambit of section 2(14) and is allowable; (2) waiver/settlement of a loan constituted disposal of a capital asset entitling the assessee to capital loss; and (3) write-off of interest receivable as bad debt was properly reflected in books and deductible. Accordingly, additions made on these grounds were deleted.
ITAT held that the revision under s.263 by PCIT was unwarranted and set aside, finding the AO had made adequate inquiries and legitimately adopted one of two tenable legal views. The Tribunal allowed the assessee's appeal: (1) loss on capital reduction of shares pursuant to NCLT order qualifies as capital loss within the ambit of section 2(14) and is allowable; (2) waiver/settlement of a loan constituted disposal of a capital asset entitling the assessee to capital loss; and (3) write-off of interest receivable as bad debt was properly reflected in books and deductible. Accordingly, additions made on these grounds were deleted.
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