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...
ITAT allowed the appeal of Assessee X, deleting the addition made as unexplained money u/s 69A. The ITAT held that the cash deposits in the bank account represented business turnover already offered to tax under the presumptive scheme u/s 44AD, where maintenance of books is not mandatory and cash transactions are normal. It found that the AO and CIT(A) erred in treating the deposits as unexplained solely on the basis of bank credits, without considering corresponding withdrawals and the income already subjected to tax under the return filed u/s 44AD. Since legitimate tax had been paid on the turnover, no further tax liability survived. Consequently, the impugned addition u/s 69A was deleted and the ground of Assessee X was allowed.
ITAT allowed the appeal of Assessee X, deleting the addition made as unexplained money u/s 69A. The ITAT held that the cash deposits in the bank account represented business turnover already offered to tax under the presumptive scheme u/s 44AD, where maintenance of books is not mandatory and cash transactions are normal. It found that the AO and CIT(A) erred in treating the deposits as unexplained solely on the basis of bank credits, without considering corresponding withdrawals and the income already subjected to tax under the return filed u/s 44AD. Since legitimate tax had been paid on the turnover, no further tax liability survived. Consequently, the impugned addition u/s 69A was deleted and the ground of Assessee X was allowed.
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