ESOP expenditure allowed as FMV difference; long-term capital gain issue sent back for collector rate determination; deferred income additions disallo...
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...
The HC dismissed the appeals and upheld the Single Judge's decision, holding that the Compounding Authority correctly returned the appellants' compounding applications where the Enforcement Directorate had characterized the contraventions under Section 13(1) read with Section 42 of FEMA, 1999 as serious and involving suspected money laundering. Applying the proviso to Rule 8(2), the court held that once the ED expresses that view the Compounding Authority must remit the matter to the Adjudicating Authority for adjudication and need not independently reassess seriousness. The appellants' challenge to the return of applications was rejected and the writ petitions were properly dismissed.
The HC dismissed the appeals and upheld the Single Judge's decision, holding that the Compounding Authority correctly returned the appellants' compounding applications where the Enforcement Directorate had characterized the contraventions under Section 13(1) read with Section 42 of FEMA, 1999 as serious and involving suspected money laundering. Applying the proviso to Rule 8(2), the court held that once the ED expresses that view the Compounding Authority must remit the matter to the Adjudicating Authority for adjudication and need not independently reassess seriousness. The appellants' challenge to the return of applications was rejected and the writ petitions were properly dismissed.
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