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 allowed the appeal and directed the AO to compute surcharge at 15% on tax (not on tax-plus-surcharge) applicable to the assessee's income, rejecting the AO's imposition of 37%; the Tribunal held that "slab" references income, MMR refers to the highest income slab under the Finance Act, and surcharge rates derive from the Finance Act rather than sections 164/167B/2(29C) alone. The assessee, an AOP with total income exceeding Rs.5 crore (including dividend income) under the new tax regime, satisfies Finance Act conditions for 15% surcharge; consequential relief was ordered in favour of the assessee.
ITAT allowed the appeal and directed the AO to compute surcharge at 15% on tax (not on tax-plus-surcharge) applicable to the assessee's income, rejecting the AO's imposition of 37%; the Tribunal held that "slab" references income, MMR refers to the highest income slab under the Finance Act, and surcharge rates derive from the Finance Act rather than sections 164/167B/2(29C) alone. The assessee, an AOP with total income exceeding Rs.5 crore (including dividend income) under the new tax regime, satisfies Finance Act conditions for 15% surcharge; consequential relief was ordered in favour of the assessee.
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