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Commnr. Of Customs (Import), Mumbai vs M/S. Dilip Kumar And Company on 30 July, 2018

16. In the present case, sub-section (5) of Section 115BAA of the Act has not restricted the application for one year alone, even if it has filed belatedly, however, it has been extended and applicable for the subsequent assessment years. However, if the application has been filed belatedly for the earlier year, as canvassed by the Revenue, on 29.03.2022 i.e., after the due date of filing of return of income on 15.03.2022, then the Revenue can withhold or deny the benefit of Section 115BAA for A.Y. 2021-22. But for the purpose of giving benefit for A.Y. 2022-23, the Revenue cannot raise this issue of filing of Form 10-IC belatedly for A.Y. 16 Sandor Medicaids Private Limited 2022-23. Furthermore, we are of the considered opinion that this beneficial provision is required to be read in light in favour of the assessee, as held by the Hon'ble Supreme Court in the case of Commissioner of Customs Vs. Dilip Kumar reported in Civil Appeal No. 3327 of 2007, has held as under :
Supreme Court of India Cites 39 - Cited by 2183 - N V Ramana - Full Document
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