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 held that customs duty paid under protest is a statutory liability allowable as deduction u/s 43B in the year of actual payment, irrespective of the year in which the liability was incurred. Once customs authorities order clearance of goods, the liability is deemed to have accrued in the year of payment. The Tribunal noted that the assessee had offered to tax, in AY 2020-21, the refund received pursuant to such payment, and sustaining the disallowance would result in double taxation. Accordingly, the adjustment u/s 143(1)(a)(iv) was deleted and the assessee's appeals were allowed.
ITAT held that customs duty paid under protest is a statutory liability allowable as deduction u/s 43B in the year of actual payment, irrespective of the year in which the liability was incurred. Once customs authorities order clearance of goods, the liability is deemed to have accrued in the year of payment. The Tribunal noted that the assessee had offered to tax, in AY 2020-21, the refund received pursuant to such payment, and sustaining the disallowance would result in double taxation. Accordingly, the adjustment u/s 143(1)(a)(iv) was deleted and the assessee's appeals were allowed.
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