Validity of reassessment proceedings questioned due to delayed ...

Court Annuls Reassessment: Delayed Form 10 Submission Insufficient for Reassessment u/s 11; No Evidence of Tax Evasion.

August 7, 2024

Case Laws Income Tax HC

Validity of reassessment proceedings questioned due to delayed digital submission of Form 10. Emphasis on due disclosure over procedural digital filing requirements. Section 11(2) applicability debated as Form 10 not timely submitted u/s 139(1) without condonation of delay. Court notes change in filing requirements post 2015 Act. Reassessment solely based on late Form 10 submission, not on escaped income assessment. Court stresses reassessment requires opinion of tax evasion, not just delayed filing. Refers to Supreme Court ruling on mandatory Form 10 submission for Section 11 benefits. Writ petition allowed, impugned order u/s 148A(d) quashed, reassessment proceedings annulled.

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Validity of reassessment proceedings questioned due to delayed ...

Court Annuls Reassessment: Delayed Form 10 Submission Insufficient for Reassessment u/s 11; No Evidence of Tax Evasion.

August 7, 2024

Case Laws Income Tax HC

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