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...
Disallowance of alleged bogus purchases/unexplained expenditure under s. 37 was held unsustainable where the AO relied solely on a third-party's subsequently retracted statement alleging invoice accommodation without delivery, without confronting or rebutting the assessee's documentary evidence. As the assessee produced recorded materials substantiating the expenditure and there was no finding of any actual purchases from the alleged biller (the group being only a transporter), and no corroborative material supporting the statement, a statement alone could not justify the addition. The disallowance was therefore deleted and the appeal of the revenue failed. - ITAT
Disallowance of alleged bogus purchases/unexplained expenditure under s. 37 was held unsustainable where the AO relied solely on a third-party's subsequently retracted statement alleging invoice accommodation without delivery, without confronting or rebutting the assessee's documentary evidence. As the assessee produced recorded materials substantiating the expenditure and there was no finding of any actual purchases from the alleged biller (the group being only a transporter), and no corroborative material supporting the statement, a statement alone could not justify the addition. The disallowance was therefore deleted and the appeal of the revenue failed. - ITAT
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