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 both appeals and affirmed the appellate order: the AO's addition under s.69B relating to the cost of cold storage structure was set aside because the CIT(A) properly accepted the DVO's revised valuation report after the DVO considered the assessee's objections, and the minor variation in the revised report did not warrant addition. The CIT(A)'s deletion of the impugned addition was endorsed. With respect to unexplained investment in plant and machinery, the CIT(A)'s decision to uphold the assessment was retained. Consequently, the assessee's appeals are dismissed and the Revenue's appeal is also dismissed.
ITAT dismissed both appeals and affirmed the appellate order: the AO's addition under s.69B relating to the cost of cold storage structure was set aside because the CIT(A) properly accepted the DVO's revised valuation report after the DVO considered the assessee's objections, and the minor variation in the revised report did not warrant addition. The CIT(A)'s deletion of the impugned addition was endorsed. With respect to unexplained investment in plant and machinery, the CIT(A)'s decision to uphold the assessment was retained. Consequently, the assessee's appeals are dismissed and the Revenue's appeal is also dismissed.
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