Country of Origin Certificates and declared transaction value supported preferential customs exemption where authenticity and invoice prices remained ...
Online bond platforms may offer overseas-regulated products and tax-specific bonds subject to disclosures, compliance safeguards and revised complianc...
Corporate guarantee valuation permits actual ascertainable commission while barring retroactive application and extended-period penalties for bona fid...
Proper-officer jurisdiction under UPGST penalty provisions upheld; participation on merits prevents bypassing the statutory appellate remedy through w...
Transitioned CENVAT credit may validly satisfy mandatory pre-deposit requirements for legacy service tax appeals through Electronic Credit Ledger debi...
Building-plan sanction charges require statutory authority; unauthorised fees and GST were quashed, while labour cess must follow prescribed collectio...
Pure-agent exclusion fails where hotel booking facilitators receive third-party services themselves, making entire customer consideration taxable as r...
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The High Court held that the authority wrongly treated the filing date of Form No. 10-IC as distinct from the date of the condonation request, despite the assessee having filed the return on time, clearly opted for section 115BAA in ITR-6, and filed Form No. 10-IC within three years from the end of the assessment year. The omission to attach the form with the return was a procedural lapse, not a ground to deny the concessional regime where the intention to opt was unambiguous and the form was filed during proceedings. The Court also found that bona fides and genuine hardship had to be examined, and the matter was remanded for fresh decision on merits without reopening delay or limitation.
The High Court held that the authority wrongly treated the filing date of Form No. 10-IC as distinct from the date of the condonation request, despite the assessee having filed the return on time, clearly opted for section 115BAA in ITR-6, and filed Form No. 10-IC within three years from the end of the assessment year. The omission to attach the form with the return was a procedural lapse, not a ground to deny the concessional regime where the intention to opt was unambiguous and the form was filed during proceedings. The Court also found that bona fides and genuine hardship had to be examined, and the matter was remanded for fresh decision on merits without reopening delay or limitation.
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