Invoice-based recovery claims remain time-barred despite separate winding-up proceedings, absent valid acknowledgment or part-payment of the disputed ...
Extended limitation fails without specific suppression allegations, while overseas employee secondment remains taxable as manpower supply within norma...
Time-share accommodation classification excludes Club or Association Service where purchasers receive contractual occupancy rights without genuine mem...
CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
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The HC quashed and set aside the impugned order under section 119(2)(b), holding that the delay of 295 days in filing Form 10IC was liable to be condoned. The assessee had satisfied all conditions prescribed in the relevant CBDT Circular, including timely filing of the return under section 139(1), opting for taxation under section 115BAA in the ITR-6, and electronic filing of Form 10IC before the prescribed deadline. The Revenue's contention that the Circular was inapplicable due to prior processing of the return under section 143(1) or detection of delay by the AO was rejected as unfounded. Consequently, the court directed the Revenue to process the assessee's return in accordance with law, recognizing the validity of the delayed Form 10IC filing and allowing the assessee to avail the benefits under section 115BAA.
The HC quashed and set aside the impugned order under section 119(2)(b), holding that the delay of 295 days in filing Form 10IC was liable to be condoned. The assessee had satisfied all conditions prescribed in the relevant CBDT Circular, including timely filing of the return under section 139(1), opting for taxation under section 115BAA in the ITR-6, and electronic filing of Form 10IC before the prescribed deadline. The Revenue's contention that the Circular was inapplicable due to prior processing of the return under section 143(1) or detection of delay by the AO was rejected as unfounded. Consequently, the court directed the Revenue to process the assessee's return in accordance with law, recognizing the validity of the delayed Form 10IC filing and allowing the assessee to avail the benefits under section 115BAA.
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