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 granted ad-interim relief to the petitioners, finding a strong prima facie case based on gross delay in adjudication of a show-cause notice issued in July 2013 and finally adjudicated in September 2025. The court noted protracted procedural delay, limited earlier hearings, and that delay materially affected the impugned order. It also held that the monetary penalty levied personally on each director was prima facie disproportionate to the contravention concerning delayed reporting of foreign inward remittances and late filing of Form FC-GPR under the FEMA framework. Consequently, the HC directed ad-interim protection to the petitioners, restraining enforcement of the impugned order pending further adjudication.
The HC granted ad-interim relief to the petitioners, finding a strong prima facie case based on gross delay in adjudication of a show-cause notice issued in July 2013 and finally adjudicated in September 2025. The court noted protracted procedural delay, limited earlier hearings, and that delay materially affected the impugned order. It also held that the monetary penalty levied personally on each director was prima facie disproportionate to the contravention concerning delayed reporting of foreign inward remittances and late filing of Form FC-GPR under the FEMA framework. Consequently, the HC directed ad-interim protection to the petitioners, restraining enforcement of the impugned order pending further adjudication.
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