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 A, holding that the adjustment u/s 143(1)(a) on account of alleged mismatch with the tax audit report, relating to gain on actuarial valuation of gratuity liability routed through Other Comprehensive Income, was unsustainable. ITAT observed that actuarial gains/losses recognized under Other Comprehensive Income do not affect taxable income, as they are not routed through the Profit & Loss A/c, and Assessee A follows the payment basis for claiming deduction of gratuity. Consequently, the addition made in intimation u/s 143(1)(a) was directed to be deleted. On the issue of short grant of interest u/s 244A, ITAT directed the AO to recompute interest up to the actual date of refund payment.
ITAT allowed the appeal of Assessee A, holding that the adjustment u/s 143(1)(a) on account of alleged mismatch with the tax audit report, relating to gain on actuarial valuation of gratuity liability routed through Other Comprehensive Income, was unsustainable. ITAT observed that actuarial gains/losses recognized under Other Comprehensive Income do not affect taxable income, as they are not routed through the Profit & Loss A/c, and Assessee A follows the payment basis for claiming deduction of gratuity. Consequently, the addition made in intimation u/s 143(1)(a) was directed to be deleted. On the issue of short grant of interest u/s 244A, ITAT directed the AO to recompute interest up to the actual date of refund payment.
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