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 allowed the writ petition and quashed the impugned order dated 19.10.2022 issued under s.127(1) of the Act. The court found the Revenue's transfer of the petitioner's assessment from Udaipur to Delhi arbitrary, unjustified and contrary to the prior coordinate-bench order which the Revenue had accepted; continued reliance on a transfer for purported uniformity following a s.132(1) search was unreasonable given that assessments in the related group had been completed by December 2019. The HC emphasized that the faceless assessment framework requires transparency and that the Revenue must decide disputes per law rather than treat the assessee as a shuttlecock; consequently the transfer order was declared invalid and set aside.
The HC allowed the writ petition and quashed the impugned order dated 19.10.2022 issued under s.127(1) of the Act. The court found the Revenue's transfer of the petitioner's assessment from Udaipur to Delhi arbitrary, unjustified and contrary to the prior coordinate-bench order which the Revenue had accepted; continued reliance on a transfer for purported uniformity following a s.132(1) search was unreasonable given that assessments in the related group had been completed by December 2019. The HC emphasized that the faceless assessment framework requires transparency and that the Revenue must decide disputes per law rather than treat the assessee as a shuttlecock; consequently the transfer order was declared invalid and set aside.
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