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...
ITAT dismissed the Revenue's appeal and held that the assessee is entitled to deduction under s. 80IA(4) of the Act. The Tribunal found that the airport operators, being subject to control and monitoring by the Airports Authority of India and performing state functions pursuant to concession/OMDA arrangements, qualify as statutory authorities within the meaning of s. 80IA(4)(b). The Tribunal further held that the assessee's provision of ground-handling services constitutes the development, maintenance and operation of an infrastructure facility essential to airport functioning, bringing it within s. 80IA(4)(b) and (c). Consequently, the disallowance of the deduction was reversed and the appeal of the Revenue dismissed.
ITAT dismissed the Revenue's appeal and held that the assessee is entitled to deduction under s. 80IA(4) of the Act. The Tribunal found that the airport operators, being subject to control and monitoring by the Airports Authority of India and performing state functions pursuant to concession/OMDA arrangements, qualify as statutory authorities within the meaning of s. 80IA(4)(b). The Tribunal further held that the assessee's provision of ground-handling services constitutes the development, maintenance and operation of an infrastructure facility essential to airport functioning, bringing it within s. 80IA(4)(b) and (c). Consequently, the disallowance of the deduction was reversed and the appeal of the Revenue dismissed.
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