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Bholanath Precision Engineering Pvt ... vs Commissioner Of Income Tax (Appeals), ... on 23 November, 2022 cites

M/S Crescent Organics Pvt. Ltd., Mumbai vs Dcit 14 (1)(2), Mumbai on 14 December, 2020

In support of its plea that Form 10-IC can be filed even after the due date prescribed for furnishing the return of income, the learned AR placed as upon the decision of coordinate bench of Tribunal in Suminter India Organics Private Ltd vs DCIT, in ITA No. 889/Mum/2022, vide order dated 26/07/2022 for the assessment year 2020-21. From the careful perusal of the aforesaid decision we find that the coordinate bench of the Tribunal held that the time permitted for filing Form 10-IC by virtue of section 3(1)(b) of Taxation and Other Laws (Relaxations and Amendment of Certain Provisions) Act, 2020, must be treated as 31/03/2021, even as the time permitted for filing the income tax return under aforesaid section, in light of the 3rd proviso to section 3(1) of said Act and read with subsequent notification, was only up to 15/02/2021. The learned AR, during the hearing, fairly submitted that in the present case Form 10-IC has not been filed by the assessee till date. Thus, in view of the above, we find no infirmity in the impugned order passed by the learned CIT(A) on this issue. We may, however, clarify that our findings on this issue shall not affect any other alternative remedy available/pursued by the assessee. Accordingly, ground No.1 raised in the assessee's appeal is dismissed.
Income Tax Appellate Tribunal - Mumbai Cites 10 - Cited by 3 - Full Document
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