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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
BHARGAV D.KARIA, PRANAV TRIVEDI
Camino Herbal Remedies Pvt. Ltd. – Appellant
Versus
PR Commissioner Of Income Tax, Vadodara 1 – Respondent
| Table of Content |
|---|
| 1. challenging the order and facts of the case. (Para 3 , 5) |
| 2. petitioner's arguments and precedents. (Para 6) |
| 3. respondent's arguments against delay. (Para 7) |
| 4. court's analysis and legal reasoning. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 5. conclusion and directive to consider application. (Para 17) |
JUDGMENT :
PRANAV TRIVEDI, J.
1. Heard learned advocate Mr. Krutarth Desai for the petitioner and learned Senior Standing Counsel Mr.Karan Sanghani 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 12.7.2023 passed by the Principal Commissioner of Income Tax, Vadodara-1 while exercising jurisdiciton under Section 119(2)(b) of the Income Tax Act, 1961 (for short ‘the Act’) rejecting the application dated 16.10.2022 filed by the petitioner to condone the delay in filing Form 10-IC along with the return of income by considering the Form 10-IC filed within due date for Assessment Year 2020-2021.
4. Considering the controversy in narrow compass, the matter is heard finally with
The court ruled that genuine hardship in tax procedures should be prioritized over strict compliance with technical rules, allowing delayed filings under equitable considerations.
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....
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.
The principle of 'genuine hardship' in tax matters requires a liberal interpretation, allowing condonation of delays in filing necessary forms when justified by personal circumstances, reinforcing fa....
Delay in e-filing Form 10-IC condoned by CBDT Circular 19/2023, allowing section 115BAA concessional tax regime benefit.
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