2018 (5) TMI 1077

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.... By Appellant : Shri Somnath Ghosh, Advocate By Respondent : Md. Usman, CIT-DR ORDER Per S. S. Godara, Judicial Member This assessee's appeal for assessment year 2004-05 arises against the Commissioner of Income Tax (Appeals)-XII's order dated 09.12.2013 passed in appeal No.269/XII/ACIT.12/06-07 upholding Assessing Officer's action making additions of interest waiver by National Tex....

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.... apparent that the impugned delay of 97 days is neither intentional nor deliberate but because of circumstances beyond assessee's control. The same stands condoned accordingly. We not take up the instant appeal for adjudication on merits. 3. We have already made it clear that assessee raises two substantive grounds in its instant appeal challenging both the lower authorities identical action in....

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....amed its Draft Rehabilitation Scheme (DRS). The same was put to circulation as per law. Page 90 of the paper book makes it clear that the BIFR proposed the Ministry of Finance / CBDT to exempt the assessee from provision of section 41(1) of the Act. No response came from any of the said two parties. The said scheme therefore stood finalized as per BIFR order dated 21.03.2002 involving these two im....

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....fect over and above the provision of income tax law. We find no merit in the instant argument as section 19(2) of the SICA Act makes it clear that a deemed consent can very well be assumed in case no consent is received qua the "DRS" in question from the parties concerned. This is not the Revenue's case that it had not received a copy of the "DRS" in question as per the provision of SICA Act. Hon&....