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2020 (12) TMI 305 - KARNATAKA HIGH COURTExemption under Section 10B - Carry forward of losses under section 72 - assessee had filed declaration as required under section 10B(8) of Act after due date of filing original return of income date is over - assessee cannot claim the benefit of carry forward of losses and provisions of section 10B(8) are contravened - HELD THAT:- Section 10B of the Act deals with special provisions in respect of newly established 100% export oriented undertakings. It contains twin requirements viz., the filing of a declaration and submission of such a declaration. The constitution bench of the Supreme Court in SARDAR AMRJIT SING KALARA VS. PRAMOD GUPTA [2002 (12) TMI 607 - SUPREME COURT] has held that procedural laws have always been viewed as handmaid of justice and not to hamper the cause of justice. It has further been held that technical objection which tend to be stumbling blocks to defeat and delay substantial and effective justice should be viewed strictly for being discouraged except when mandate of law inevitably necessitates it. In the instant case, Section 10B of the Act does not provide for non compliance of submission of declaration. Therefore, the requirement of submission of declaration in terms of Section 10B(8) of the Act has to be treated as mandatory whereas, the requirement of submission of declaration by a time limit has to be treated as directory as the provision does not provide for any consequence by non filing of the declaration by the time limit. In any case, in the instant case, the declaration has been filed before the completion of assessment. Similar view has been taken by High Court of Delhi In Moser Baer India Ltd. [2007 (9) TMI 268 - DELHI HIGH COURT] with which we respectfully concur. - Decided against the revenue.
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