Relaxation Under Income Tax Rule 9C Is Discretionary, Not Subject to Judicial Review: Delhi HC

Cargill India Private Limited Vs Central Board Of Direct Taxes (Delhi High Court) Delhi High Court held that relaxation of conditions prescribed under rule 9C of the Income Tax Rules is discretionary power and is not amenable to judicial review unless the court finds that exercise is capricious, malafide, arbitrary and/or unreasonable. Facts- The petitioner had earlier filed an application dated 21.06.2018 seeking relaxation of the conditions prescribed under Rule 9C of the Income Tax Rules 1962 read with Section 72A of the Income Tax Act, 1962 seeking permission to carry forward all losses of...