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 affirms that an appeal under s.249(4)(a) to the CIT(A) is statutorily conditional upon payment/deposit of admitted tax; the statutory requirement admits no judicially implied exception or waiver. In proceedings under the block assessment provision s.158BC, the Court holds the CIT(A) lacks jurisdiction to entertain appeals where the pre-condition of payment of admitted tax remains unsatisfied, even if the legality of the admitted return is contested. The Tribunal's conclusion that the appellant's CIT(A) appeal was not maintainable for non-payment of admitted tax is sustained. The appeal is dismissed and the substantial questions of law are answered against the appellant.
The HC affirms that an appeal under s.249(4)(a) to the CIT(A) is statutorily conditional upon payment/deposit of admitted tax; the statutory requirement admits no judicially implied exception or waiver. In proceedings under the block assessment provision s.158BC, the Court holds the CIT(A) lacks jurisdiction to entertain appeals where the pre-condition of payment of admitted tax remains unsatisfied, even if the legality of the admitted return is contested. The Tribunal's conclusion that the appellant's CIT(A) appeal was not maintainable for non-payment of admitted tax is sustained. The appeal is dismissed and the substantial questions of law are answered against the appellant.
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