Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
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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