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, holding that for AY 2019-20 the amendment introduced by Finance Act 2020 requiring filing of Form 10B at least one month prior to the due date of return was inapplicable. The assessee had filed Form 10B along with the return within the due date, satisfying the then-prevailing statutory requirement. Therefore, denial of exemption under section 11 on the ground of belated upload and non-attachment of registration documents under section 12A was unjustified. The order of CIT(A) was set aside and the AO directed to grant exemption as per law.
ITAT allowed the appeal, holding that for AY 2019-20 the amendment introduced by Finance Act 2020 requiring filing of Form 10B at least one month prior to the due date of return was inapplicable. The assessee had filed Form 10B along with the return within the due date, satisfying the then-prevailing statutory requirement. Therefore, denial of exemption under section 11 on the ground of belated upload and non-attachment of registration documents under section 12A was unjustified. The order of CIT(A) was set aside and the AO directed to grant exemption as per law.
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