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 allowed the appeal, holding the PCIT's revision under s.263 invalid and quashing the s.263 order. The Tribunal found the AO had conducted requisite enquiries during the s.143(3) assessment, considered documentary evidence and law, and legitimately accepted the assessee's claim regarding payments to foreign agents and non-applicability of s.195 r.w.s.9. The prerequisites for invoking s.263-an order both erroneous and prejudicial to revenue-were not satisfied, and the show-cause notice lacked particulars and denied the assessee an opportunity on the verification direction, vitiating the proceedings. Consequently the direction to annul the assessment and reframe it was held bad in law.
ITAT allowed the appeal, holding the PCIT's revision under s.263 invalid and quashing the s.263 order. The Tribunal found the AO had conducted requisite enquiries during the s.143(3) assessment, considered documentary evidence and law, and legitimately accepted the assessee's claim regarding payments to foreign agents and non-applicability of s.195 r.w.s.9. The prerequisites for invoking s.263-an order both erroneous and prejudicial to revenue-were not satisfied, and the show-cause notice lacked particulars and denied the assessee an opportunity on the verification direction, vitiating the proceedings. Consequently the direction to annul the assessment and reframe it was held bad in law.
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