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 assessee company's appeal on interest disallowance u/s 36(1)(iii), holding that sufficient interest-free own funds were available to cover the investment in its wholly owned subsidiary, following its own precedents in earlier assessment years. The disallowance of proportionate interest at 12.5% on the subsidiary investment was therefore held unwarranted and deleted. On the addition u/s 56(2)(b)(viib) relating to premium on preferential shares, ITAT held that the lower authorities rejected the assessee's valuation on technical grounds and set aside the CIT(A)'s order, directing the assessee to furnish a revised valuation report under Rule 11UA adopting book value of land and remanding the matter to the AO for recomputation.
ITAT allowed the assessee company's appeal on interest disallowance u/s 36(1)(iii), holding that sufficient interest-free own funds were available to cover the investment in its wholly owned subsidiary, following its own precedents in earlier assessment years. The disallowance of proportionate interest at 12.5% on the subsidiary investment was therefore held unwarranted and deleted. On the addition u/s 56(2)(b)(viib) relating to premium on preferential shares, ITAT held that the lower authorities rejected the assessee's valuation on technical grounds and set aside the CIT(A)'s order, directing the assessee to furnish a revised valuation report under Rule 11UA adopting book value of land and remanding the matter to the AO for recomputation.
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