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Case Law Details

Case Name : Metroark Pvt. Ltd. Vs ITO (Calcutta High Court)
Appeal Number : WPA 4471 of 2023
Date of Judgement/Order : 16/03/2023
Related Assessment Year : 2021-22
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Metroark Pvt. Ltd. Vs ITO (Calcutta High Court)

In the recent case of Metroark Pvt. Ltd. vs. Income Tax Officer (ITO), a writ petition was filed in the Calcutta High Court seeking relief and direction upon the Chairman of the Central Board of Taxes (CBDT). The petition aimed to compel the CBDT to consider and dispose of an application for condonation of delay under Section 119(2)(b) of the Income Tax Act, 1961, related to the filing of Form-10-IC, in conjunction with Section 115BAA. The petitioner also requested a stay of demand for the relevant assessment year pending the decision on their application.

The High Court heard arguments from both parties and issued a judgment in this matter.

Detailed Analysis:

The petitioner, Metroark Pvt. Ltd., had submitted an application for condonation of delay along with a request for a stay of demand on December 6, 2022. This application pertained to the assessment year 2021-2022. The core issue revolved around the delay in filing Form-10-IC, which is governed by Section 115BAA of the Income Tax Act, 1961.

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