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    <title>2023 (5) TMI 1421 - ORISSA HIGH COURT</title>
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    <description>The court held that the compounding application under Section 276B of the Income Tax Act was filed within the prescribed period, as the subsequent affidavit merely cured a procedural defect without altering the original filing date of 17.01.2020. The rejection of the application based on late filing was deemed incorrect, and the case was remanded to the Income Tax Officer for reconsideration on its merits. The court did not find grounds for applying the power of relaxation due to the lack of exceptional circumstances. The writ petition was allowed, and a decision was ordered within 30 days, including a personal hearing for the petitioner.</description>
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    <pubDate>Tue, 16 May 2023 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=460359</link>
      <description>The court held that the compounding application under Section 276B of the Income Tax Act was filed within the prescribed period, as the subsequent affidavit merely cured a procedural defect without altering the original filing date of 17.01.2020. The rejection of the application based on late filing was deemed incorrect, and the case was remanded to the Income Tax Officer for reconsideration on its merits. The court did not find grounds for applying the power of relaxation due to the lack of exceptional circumstances. The writ petition was allowed, and a decision was ordered within 30 days, including a personal hearing for the petitioner.</description>
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