Substantial justice over technical non compliance: non deliberate delay in Form 10CCB cannot deny a valid start up tax exemption.

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Issue: denial of startup tax exemption due to delayed uploading of Form 10CCB and discrepancies in tax audit. Principle applied: where substantial justice and technical compliance conflict, substantial justice prevails; non deliberate, accidental delay in filing procedural form that caused no loss to Revenue cannot defeat an otherwise available statutory benefit. Operative effect: the technical refusal of exemption was set aside and the CIT(A)'s confirmation of disallowance was overturned, restoring the start up's entitlement to the tax exemption despite procedural lapse.....