TaxTMI 
TaxTMI 
2019 (7) TMI 819
X X X X Extracts X X X X
X X X X Extracts X X X X
....6 and the demand notice dated 18.01.2018 issued by the respondent No.3 in pursuant to the aforesaid assessment orders. 2. The petitioner is a Company incorporated under the provisions of the Companies Act, 1956 inter alia engaged in the business of manufacturing and sale of lighting equipment, electrical equipment, tools, drills, wrenches, hammers and other automobile electric tools etc., 3. It is submitted that the petitioner during the year 1996-97 undertook an expansion programme in anticipation of high growth and market demand, however could not sustainably run its business and was referred to the Board of Industrial and Financial Reconstruction ('BIFR' for short) on 18.07.2000. Subsequently, on 31.10.2001, the petitioner compa....
X X X X Extracts X X X X
X X X X Extracts X X X X
....e prescribed authority within three months after the end of the period to which the declaration or the certificate relates, provided that if the prescribed Authority is satisfied that the person concerned was prevented by sufficient cause from furnishing such declaration or certificate within the aforesaid time, that Authority may allow declaration or certificate to be furnished within such further time as that authority may permit, submitted that the prescribed Authority is empowered to accept the statutory Forms even at this stage if the petitioner shows sufficient cause. 5. In support of his contentions, learned counsel has placed reliance on the ruling of this court in the case of Weir BDK Valves Vs. Asst. Commissioner of Commercial Ta....
X X X X Extracts X X X X
X X X X Extracts X X X X
....person concerned was prevented by sufficient cause from furnishing such declaration or certificate within the aforesaid time, that authority may allow declaration or certificate to be furnished within such further time as that authority may permit." 9. If the Assessing Authority is satisfied that the assessee was prevented from sufficient cause which disenabled him to file the Forms in time, the same can be accepted in terms of the proviso to Rule 12(7), albeit rule 12(7) prescribes a time limit of three months after the end of the period to which the declaration has to be filed, but that cannot be extended to decades. Prescribing three months time for furnishing declaration Forms may be directory but the same should be furnished within a ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....laration Forms after decades. 11. In the judgment of Weir BDK Valves supra, the assessment order dated 25.05.2011 relating to the assessment year 2008-2009 and the consequential demand notices as well as the order passed by the Appellate Authority were challenged. The Appellate Authority has dismissed the appeal on the ground of limitation without accepting the declaration Forms submitted. Hence, this court allowed the writ petitions and restored the proceedings to the Assessing Authority to redo the assessment taking into consideration the statutory Forms/declaration Forms furnished by the petitioner. 12. However, in the present case, no such declaration Forms are furnished, but it is only permission sought to furnish such declaration Fo....