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, holding that the petitioners' explanation for a 93-day delay in filing the statutory appeal - namely incapacitation of their consultant supported by a psychiatrist's certificate - was reasonable, plausible and not indicative of gross negligence or deliberate laches. The court condoned the delay, set aside the impugned appellate order dated March 29, 2025, and remitted the matter to the Appellate Authority for adjudication on merits. The petition is disposed of accordingly, with directions limited to restoration of the appeal for fresh hearing before the appropriate appellate forum.
The HC allowed the writ petition, holding that the petitioners' explanation for a 93-day delay in filing the statutory appeal - namely incapacitation of their consultant supported by a psychiatrist's certificate - was reasonable, plausible and not indicative of gross negligence or deliberate laches. The court condoned the delay, set aside the impugned appellate order dated March 29, 2025, and remitted the matter to the Appellate Authority for adjudication on merits. The petition is disposed of accordingly, with directions limited to restoration of the appeal for fresh hearing before the appropriate appellate forum.
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