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...
HC remanded the matter to the adjudicating authority, setting aside the impugned order and directing fresh adjudication because the petitioner was not afforded audi alteram partem due to failure to file a reply to the show cause notice. The Court found a breach of natural justice and required that the adjudicator afford the petitioner an opportunity to be heard and decide the matter on merits. Remand is conditional on the petitioner depositing Rs.25,000 with the Delhi GST Department as costs for delay. The writ petition is disposed of accordingly, with directions for expeditious re-adjudication consistent with principles of fair hearing.
HC remanded the matter to the adjudicating authority, setting aside the impugned order and directing fresh adjudication because the petitioner was not afforded audi alteram partem due to failure to file a reply to the show cause notice. The Court found a breach of natural justice and required that the adjudicator afford the petitioner an opportunity to be heard and decide the matter on merits. Remand is conditional on the petitioner depositing Rs.25,000 with the Delhi GST Department as costs for delay. The writ petition is disposed of accordingly, with directions for expeditious re-adjudication consistent with principles of fair hearing.
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