In Brief
An export-oriented IT company claimed a loss in its original return and sought exemption under Section 10B of the Income Tax Act. Later, it filed a declaration and revised return abandoning the exemption claim to carry forward losses. The Assessing Officer rejected the withdrawal for non-compliance with Section 10B(8), which requires the declaration before the return's due date. The tribunal and high court allowed the claim, treating the time requirement as directory. The Supreme Court reversed, holding that exemption provisions must be strictly complied with. Both conditions—furnishing a declaration AND doing so before the return's due date—are mandatory. The appeal was allowed in favour of the Revenue.",
The lawyer headnote and full judgment text are available to registered users.