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...
AT dismissed the appeals and upheld the provisional attachment of the impugned property, finding a benami transaction under Section 2(9)(A). The Tribunal held that (1) consideration was transferred from the beneficial owner to the benamidar's account, (2) title was recorded in the benamidar, and (3) the acquisition was for the future benefit of the beneficial owner, satisfying all limbs of the statutory definition. Alleged loan evidence and a collaboration agreement were absent or unsubstantiated, and the belated induction of the benamidar's son into a partnership was seen as contrived. The AT found no error in the respondents' actions and affirmed the attachment.
AT dismissed the appeals and upheld the provisional attachment of the impugned property, finding a benami transaction under Section 2(9)(A). The Tribunal held that (1) consideration was transferred from the beneficial owner to the benamidar's account, (2) title was recorded in the benamidar, and (3) the acquisition was for the future benefit of the beneficial owner, satisfying all limbs of the statutory definition. Alleged loan evidence and a collaboration agreement were absent or unsubstantiated, and the belated induction of the benamidar's son into a partnership was seen as contrived. The AT found no error in the respondents' actions and affirmed the attachment.
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