Business reorganisation requires recognition of successor's modified return; draft orders against dissolved transferor quashed and fresh review direct...
Pre-commencement R&D deduction denied where business had not commenced; deeming benefit requires tangible start of manufacture or commercial exploitat...
Priority of set-off: brought forward business losses must be adjusted before unabsorbed depreciation; procedural safeguards required for invoking rest...
The dominant issue is whether delay in filing Form No.10-IC, necessary to claim the concessional tax rate under Section 115BAA, can be condoned under Section 119(2)(b). The court held that Section 119(2)(b) empowers the CBDT (and its delegate) to condone such delay, relying on analogous High Court decisions; because non-condonation would extinguish the petitioner's substantive right to the Section 115BAA benefit and the petitioner demonstrated genuine hardship, the impugned refusal was quashed and the delay in filing Form No.10-IC was condoned. - HC
The dominant issue is whether delay in filing Form No.10-IC, necessary to claim the concessional tax rate under Section 115BAA, can be condoned under Section 119(2)(b). The court held that Section 119(2)(b) empowers the CBDT (and its delegate) to condone such delay, relying on analogous High Court decisions; because non-condonation would extinguish the petitioner's substantive right to the Section 115BAA benefit and the petitioner demonstrated genuine hardship, the impugned refusal was quashed and the delay in filing Form No.10-IC was condoned. - HC
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