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1 - 10 of 11 (0.22 seconds)Section 119 in The Income Tax Act, 1961 [Entire Act]
Section 154 in The Income Tax Act, 1961 [Entire Act]
The Income Tax Act, 1961
Section 108 in The Income Tax Act, 1961 [Entire Act]
Tata Medical Centre Trust, Kolkata vs Cit(Exemptions), Kolkata on 18 July, 2022
"5. We have considered the rival submission. We find that the
issue is squarely covered by the decision of the Coordinate Bench of
the Tribunal in the case of Tata Medical Centre Trust vs. CIT (supra).
The relevant part of the order of the Tribunal for the sake of ready
reference is reproduced as under:
Article 14 in Constitution of India [Constitution]
Dcit, Corporate Circle-1(1), ... vs M/S. Indian Metals & Ferro Alloys Ltd., ... on 10 August, 2018
13.5. Hon'ble jurisdictional High Court of Calcutta in the case of Amal
Kumar Ghosh [2014] 361 ITR 458 (Cal) dealt with the issue relating to
CBDT circular which according to the Department cannot defeat the
provisions of law. While giving its observations and finding on the
issue, the Hon'ble Court referred to the decision of Hon'ble
Chhattisgarh High Court in the case of Sunita Finlease Ltd (supra),
which are as under:
Section 155 in The Income Tax Act, 1961 [Entire Act]
The Commissioner Of Income Tax(Cntl), ... vs M/S Hero Cycles Pvt. Ltd. Ludhiana on 28 August, 1997
"Such instructions may be by way of relaxation of any of
the provisions of the sections specified there or otherwise.
The Board thus has power, inter alia, to tone down the
rigour of the law and ensure a fair enforcement of its
provisions, by issuing circulars in exercise of its statutory
powers under section 119 of the Income-tax Act, which are
binding on the authorities in the administration of the Act.
Under section 119(2)(a) , however, the circulars as
contemplated therein cannot be adverse to the assessee.
Thus, the authority which wields the power for its own
advantage under the Act is given the right to forgo the
advantage when required to wield it in a manner it
considers just by relaxing the rigour of the law or in other
permissible manners as laid down in section 119. The
power is given for the purpose of just, proper and efficient
management of the work of assessment and in public
interest. It is a beneficial power given to the Board for
proper administration of fiscal law so that undue hardship
may not be caused to the assessee and the fiscal laws may
be correctly applied. Hard cases which can be properly
categorized as belonging to a class, can thus be given the
benefit of relaxation of law by issuing circulars binding on
the taxing authorities."