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 the assessee, deleting the addition made by the AO on account of alleged excess purchases based on differences between VAT returns and books of account. ITAT held that, under the applicable VAT Rules, mandatory reversal of input tax credit on goods returned necessarily causes variations between VAT records and commercial books, without implying inflation of purchases. The assessee's supplier-wise reconciliation was found credible, and no material was brought by the AO to establish bogus or unverifiable purchases. With sales figures matching in both records and the variation being less than one percent of total purchases, ITAT found the disallowance by AO and its confirmation by CIT(A) unjustified.
ITAT allowed the appeal of the assessee, deleting the addition made by the AO on account of alleged excess purchases based on differences between VAT returns and books of account. ITAT held that, under the applicable VAT Rules, mandatory reversal of input tax credit on goods returned necessarily causes variations between VAT records and commercial books, without implying inflation of purchases. The assessee's supplier-wise reconciliation was found credible, and no material was brought by the AO to establish bogus or unverifiable purchases. With sales figures matching in both records and the variation being less than one percent of total purchases, ITAT found the disallowance by AO and its confirmation by CIT(A) unjustified.
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