Post-search scrutiny assessment remains available where original assessment limitation is unexpired, permitting timely completion under regular assess...
Independent show-cause notices remain separate proceedings, while customs adjudication challenges should ordinarily follow the statutory appellate rem...
Institutional incapacity in customs settlement proceedings excludes non-functional quorum periods from statutory disposal timelines, preventing automa...
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The High Court allowed the petition and permitted the petitioner to obtain Form 10IC for the Assessment Year 2021 and make a fresh application. The court relied on Wipro Limited [2022 (7) TMI 560 - Supreme Court] and held that the respondent was required to consider the facts of the case by permitting the petitioner to file a fresh Form 10IC and condoning the delay in filing such Form u/s 119(2)(b) of the Act. The provisions of Section 119(2)(b) are meant for redressal of grievances and hardships caused to the petitioner. The petitioner had adopted the option for taxation u/s 115BAA of the Act, which grants relief to companies by enabling them to pay a reduced tax rate of 22% subject to certain conditions.
The High Court allowed the petition and permitted the petitioner to obtain Form 10IC for the Assessment Year 2021 and make a fresh application. The court relied on Wipro Limited [2022 (7) TMI 560 - Supreme Court] and held that the respondent was required to consider the facts of the case by permitting the petitioner to file a fresh Form 10IC and condoning the delay in filing such Form u/s 119(2)(b) of the Act. The provisions of Section 119(2)(b) are meant for redressal of grievances and hardships caused to the petitioner. The petitioner had adopted the option for taxation u/s 115BAA of the Act, which grants relief to companies by enabling them to pay a reduced tax rate of 22% subject to certain conditions.
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