Amendment of return allowed for Form F generation despite expiry of revised return period, subject to Supreme Court appeals

Amendment of a quarterly return was permitted to correct an inadvertent omission in stock transfer particulars so that Form F could be generated, despite the revised return period having expired. The relief was aligned with similar matters where correction of returns had been allowed, and its operation was expressly made subject to the outcome of pending civil appeals before the Supreme Court. The direction was issued because no useful purpose would be served by keeping the matter pending.

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Issues: Whether the petitioner was entitled to amendment of its return for the fourth quarter of 2015-16 for the purpose of obtaining Form F despite expiry of the revised return period.

Analysis: The return contained an inadvertent omission in the stock transfer particulars. The request to amend was made to enable generation of Form F. In similar matters, relief had been granted by permitting correction of returns, while keeping the operation of such relief subject to the outcome of pending civil appeals before the Supreme Court. The Court found that no useful purpose would be served by keeping the petition pending.

Conclusion: The respondent was directed to allow the amendment sought in the return, and the direction was made to operate subject to the decision of the Supreme Court in the pending civil appeals.

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