High Court allows appeal delay, accepts Form C at appellate stage, directs officer to verify declaration. Appeal allowed, writ set aside.

The High Court of Calcutta allowed the application for condonation of delay in filing the appeal, condoning a delay of 202 days. The appeal was accepted for further proceedings. Regarding the acceptance of Form C declaration for concessional tax rate, the Court held that the appellate authority can receive the declaration even at the appellate stage. The assessing officer was directed to accept and verify the Form C declaration within 30 days. The appeal was allowed, the writ petition order was set aside, and the matter was remanded for further action by the assessing officer.

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Issues:
The issues involved in the judgment are the delay in filing the appeal and the acceptance of Form C declaration for concessional rate of tax.

Delay in Filing Appeal:
The High Court of Calcutta allowed the application for condonation of delay in filing the appeal, considering the sufficient cause shown for the delay of 202 days. The delay was condoned, and the appeal was accepted for further proceedings.

Acceptance of Form C Declaration:
The appellant's case revolved around the rejection of the claim for production of Form-C declaration to avail of the concessional rate of tax. The authorities had consistently held that Form-C declaration, not produced before the assessing officer initially, could not be produced at a later stage. However, the appellant argued that the assessment was ex parte, and Form-C declaration could not be presented initially but was produced at the appellate stage. The High Court referred to a Full Bench judgment of the High Court of Madras and a Supreme Court case, emphasizing that the appellate authority has the power to receive Form C declaration even at the appellate stage. The Court found the decisions of the authorities below contrary to law and directed the assessing officer to accept the Form C declaration, verify its genuineness, and extend the concessional rate of tax if found genuine within 30 days from the filing date.

Conclusion:
The appeal was allowed, the order in the writ petition was set aside, and the matter was remanded back to the assessing officer to accept and verify the Form C declaration. No costs were awarded, and the parties were directed to receive a certified copy of the order promptly upon compliance with legal formalities. Both Justices T. S. Sivagnanam and Hiranmay Bhattacharyya concurred with the decision.

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