Benami transaction and beneficial ownership: documentary and circumstantial evidence show payors were true beneficiaries, resulting in PBPTA consequen...
Denial of Preferential Treatment under SAFTA overturned where unchallenged Country of Origin certificate warranted exemption under Notification benefi...
Continuing offence of money-laundering: discharge set aside and proceedings reinstated where laundering continued after inclusion of predicate offence...
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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