Infrastructure facility: energy-efficient public lighting held integral to road projects, qualifying the operator as a developer and eligible for dedu...
Fourth Proviso to Section 153A: extended-period inquiry requires a reasonable, material-based satisfaction that escaped income likely exceeds the thre...
Issue: denial of startup tax exemption due to delayed uploading of Form 10CCB and discrepancies in tax audit. Principle applied: where substantial justice and technical compliance conflict, substantial justice prevails; non deliberate, accidental delay in filing procedural form that caused no loss to Revenue cannot defeat an otherwise available statutory benefit. Operative effect: the technical refusal of exemption was set aside and the CIT(A)'s confirmation of disallowance was overturned, restoring the start up's entitlement to the tax exemption despite procedural lapse.
Issue: denial of startup tax exemption due to delayed uploading of Form 10CCB and discrepancies in tax audit. Principle applied: where substantial justice and technical compliance conflict, substantial justice prevails; non deliberate, accidental delay in filing procedural form that caused no loss to Revenue cannot defeat an otherwise available statutory benefit. Operative effect: the technical refusal of exemption was set aside and the CIT(A)'s confirmation of disallowance was overturned, restoring the start up's entitlement to the tax exemption despite procedural lapse.
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