Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
Admissibility of Investigation Statements requires witness examination before the adjudicating authority; otherwise statements cannot sustain a penalt...
Transaction value and connected person treatment in excise valuation: proprietary concerns not inter connected undertakings, relief on valuation and c...
Appointment of Registrars as adjudicating officers under Companies Act reallocates territorial jurisdiction and sets appeal route to Regional Director...
Rule 12(3) made e-filing of returns by companies mandatory with effect from 14.05.2007, and neither s.139 nor the CBDT circulars preserved any general option for companies to file manual returns for AY 2008-09. The limited relaxations cited (e.g., Settlement Commission-related difficulty and non-resident agents) did not apply to a company assessee. Given the statutory rule framework and the assessee's prior e-filing history, the manual return filed within time could not cure the belated electronic filing, and the view that CBDT circulars impermissibly overrode the statute was rejected; consequently, the denial of deduction u/s 80-IC on account of belated return was sustained. - HC
Rule 12(3) made e-filing of returns by companies mandatory with effect from 14.05.2007, and neither s.139 nor the CBDT circulars preserved any general option for companies to file manual returns for AY 2008-09. The limited relaxations cited (e.g., Settlement Commission-related difficulty and non-resident agents) did not apply to a company assessee. Given the statutory rule framework and the assessee's prior e-filing history, the manual return filed within time could not cure the belated electronic filing, and the view that CBDT circulars impermissibly overrode the statute was rejected; consequently, the denial of deduction u/s 80-IC on account of belated return was sustained. - HC
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