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2004 (11) TMI 27 - ALLAHABAD HIGH COURTNon-extension of time in respect of the late payment received from foreign buyers - sale proceeds of the goods exported by the petitioner – amount due as outstanding from foreign buyers - application filed for extension of time as required under section 80HHC(2)(a) - non-extension of time by little more than six months in the present case cannot be said to be justified otherwise it would be defeating the very purpose conferring such power on the authority concerned. The petitioner has done what it could do in the matter and in the absence of any other relevant material, mere fall of value of Indian rupee in terms of foreign exchange would not lead to the conclusion that there was deliberate action on the part of the petitioner not to bring the convertible foreign exchange into India within the specified time – hence we are of the view that respondent has acted arbitrarily in not extending the time to bring convertible foreign exchange into India - Respondent is commanded by a writ of mandamus to grant extension of time under section 80HHC(2)(a)
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