Fraudulently obtained SEIS scrips cannot support customs exemption; recovery, confiscation and penalties were sustained, but employee penalty fell awa...
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Court recognised a procedural failure in timely filing Form 10B under the Income Tax Act but treated it as a curable irregularity where substantial entitlement to tax exemption exists. The administrative Circular relied upon by the respondent was not treated as binding on the court. Applying the principle that technical non-compliance should not defeat substantive benefits to a trust or institution, the court condoned a short delay in filing Form 10B and allowed the petitioner to retain benefits under Sections 11 and 12 of the Income Tax Act.
Court recognised a procedural failure in timely filing Form 10B under the Income Tax Act but treated it as a curable irregularity where substantial entitlement to tax exemption exists. The administrative Circular relied upon by the respondent was not treated as binding on the court. Applying the principle that technical non-compliance should not defeat substantive benefits to a trust or institution, the court condoned a short delay in filing Form 10B and allowed the petitioner to retain benefits under Sections 11 and 12 of the Income Tax Act.
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