Customs valuation and import permissibility conflict resolved: accepted enhancement of transaction value removes liability for confiscation and penalt...
Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
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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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