Charitable trust income application permits verified capital expenditure but rejects deferred pre-operative claims and requires reconsideration of con...
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Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
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The HC held that the 30-day period prescribed under Section 62(2) for belated filing of returns is directory, not mandatory. Notices under Section 46 issued for defaults in filing monthly returns under Section 39 were valid, requiring the assessee to file within 15 days or face assessment to the best of the officer's judgment. Under Section 62(1), the assessing officer may pass assessment orders within five years from the date specified under Section 44 for annual returns, with no prohibition on early assessment. Notices under Section 46 for default in filing annual returns can only be issued after December 31 following the financial year's end, making Section 62 procedures inapplicable to annual return defaults. The appeal was accordingly disposed of.
The HC held that the 30-day period prescribed under Section 62(2) for belated filing of returns is directory, not mandatory. Notices under Section 46 issued for defaults in filing monthly returns under Section 39 were valid, requiring the assessee to file within 15 days or face assessment to the best of the officer's judgment. Under Section 62(1), the assessing officer may pass assessment orders within five years from the date specified under Section 44 for annual returns, with no prohibition on early assessment. Notices under Section 46 for default in filing annual returns can only be issued after December 31 following the financial year's end, making Section 62 procedures inapplicable to annual return defaults. The appeal was accordingly disposed of.
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