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Supreme Court of India 2019-03-26 remanded

Commissioner of Income Tax, New Delhi vs Ram Kishan Dass

Bench: 2 — 2

In Brief

The Supreme Court held that under section 142(2C) of the Income Tax Act, 1961, the assessing officer could extend the time for submission of an audit report without requiring an application from the assessee. The amendment to include suo moto extension powers was clarificatory, not substantive. The use of 'may' in the provision indicates discretionary authority. The Court remanded all appeals to the Income Tax Appellate Tribunal for decision on merits, finding that the assessing officer had authority to extend deadlines subject to statutory limits."

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Income Tax Procedural Law Statutory Interpretation Tax Administration

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