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 upheld that a statutory delay of 652 days in filing an appeal should be condoned and the appellate proceeding before CESTAT restored for adjudication on merits, subject to payment of costs. Although the impugned CESTAT order rejecting condonation was not devoid of legal basis, the Court found prima facie merit in the appellant's contention given a voluntary declaration by the public entity and relevant judicial authorities endorse consideration of merits where sufficient cause is shown. Consequently, the delay is condoned, the appeal is reinstated to its original number for merits determination, and the appellant must meet costs as a precondition to further adjudication.
HC upheld that a statutory delay of 652 days in filing an appeal should be condoned and the appellate proceeding before CESTAT restored for adjudication on merits, subject to payment of costs. Although the impugned CESTAT order rejecting condonation was not devoid of legal basis, the Court found prima facie merit in the appellant's contention given a voluntary declaration by the public entity and relevant judicial authorities endorse consideration of merits where sufficient cause is shown. Consequently, the delay is condoned, the appeal is reinstated to its original number for merits determination, and the appellant must meet costs as a precondition to further adjudication.
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