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BHARGAV D. KARIA, D. N. RAY
Surat Smart City Development Limited – Appellant
Versus
Principal Commissioner of Income Tax, Surat-1 – Respondent
JUDGMENT :
BHARGAV D. KARIA, J.
1. Heard learned advocate Mr.Manish J. Shah for the petitioner and learned Senior Standing Counsel Mr.Karan Sanghani for learned advocate Mrs.Kalpana K. Raval for the respondents.
2. Rule, returnable forthwith. Learned Senior Standing Counsel Mr.Karan Sanghani waives service of notice of rule for and on behalf of the respondents.
3. By way of this petition, the petitioner has challenged the order dated 6th October, 2023 passed by the Principal Commissioner of Income Tax, Surat-1 while exercising jurisdiction under Section 119(2)(b) of the Income Tax Act, 1961 (for short ‘the Act’) rejecting the application dated 17th March, 2023 filed by the petitioner to condone the delay in filing the Form 10-IC along with the return of income by considering the Form 10-IC filed within due date for Assessment Year 2021-2022.
4. Considering the controversy in narrow compass, the matter is heard finally with the consent of the learned Advocates of the parties.
5.1. The brief facts of the case are that the petitioner is a Public Limited Company and filed its return of income on 31.12.2020 declaring total income of Rs.11,38,14,110/- for the Assessment Year 2020-2021.
5.2. The
The court ruled that genuine hardship under Section 119(2)(b) of the Income Tax Act should be interpreted liberally, allowing the petitioner to file Form 10IC for AY 2021 despite prior technical issu....
The court ruled that genuine hardship in tax procedures should be prioritized over strict compliance with technical rules, allowing delayed filings under equitable considerations.
Procedural delays in tax filings should not deny substantive benefits, especially when technical difficulties are acknowledged by authorities.
Delayed filing of Form 10-IC is directory and procedural; does not invalidate section 115BAA option exercised in return of income if conditions satisfied and no revenue prejudice.
Procedural lapse in filing Form 10-IC with original return does not bar concessional tax under section 115BAA if filed before rectified return processing, intent clear, and minimal delay condonable o....
Delay in e-filing Form 10-IC condoned by CBDT Circular 19/2023, allowing section 115BAA concessional tax regime benefit.
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