Case Law Details
City And Industrial Development Corporation of Maharashtra Limited Vs ACIT (Bombay High Court)
In this case Bombay HC permitted the Petitioner to file paper return for the assessment year 2020-21 before 31st May, 2021 subject to the further orders that may be passed by this court at the stage of admission or thereafter till this writ petition is finally decided.
1. The Petitioner, at this stage, seeks ad-interim relief in terms of prayer clause (d) by which the Petitioner, inter-alia, seeks permission to allow the Petitioner to file the return of income in paper form for the assessment year 2020-2021 and to treat the same as valid, subject to the final disposal of the petition and seeks further permission to file the return of income in electronic form as soon as the account of the Petitioner are audited and to treat the same as filed in accordance with law before 31st May, 2021 subject to the final disposal of the petition.
2. Petitioner alleging that Rule 12 of the Income Tax Rules, 1962 is ultravires the provisions of the Income Tax Act, 1961 and Constitution of India and as such has no legal effect. The Petitioner is thus not liable to file electronic return of income tax. The Petitioner has recorded various reasons in the petition expressing its inability to file electronic return of the income tax within the time specified by the Respondents
Held :
Please become a Premium member. If you are already a Premium member, login here to access the full content.
Author Bio
