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2021 (1) TMI 659 - ANDHRA PRADESH HIGH COURTValidity of assessment order - Form C filed belatedly - case of Revenue is that having slept over the matter for three years for submission of ‘C’ forms, it is absolutely not open for the petitioner herein to insist on consideration of the representation, said to have been made on 23.07.2016 - HELD THAT:- The declaration in form ‘C’ is required to be furnished to the prescribed authority within three months after the end of the period to which the declaration or the certificate relates. In the instant case, the assessment pertains to the period 2012-2013. Three months period, according to the said provision of law, came to an end by the end of June, 2013. As per the proviso to Rule 12 (7) of the Rules, the prescribed authority is empowered to receive form ‘C’ if the authority is satisfied that the assessee concerned was prevented by sufficient cause from furnishing the same within time. Therefore, it is very much lucid that it is mandatory on the part of the assessee to show sufficient cause for submission of ‘C’ forms with delay and the said consideration, in the considered opinion of this Court, is not automatic, however, subject to the satisfaction of the authority concerned. In fact, the said provision of law, obviously, imposes an obligation on the authority to record the satisfaction with regard to the cause shown by the assessee which prevented the assessee from filing the required form within time. Therefore, it is for the authority to consider the entire material available on record and to arrive at a conclusion as to whether the assessee assigned proper and sufficient cause for not filing ‘C’ forms within the prescribed period. The obligation is cast upon the assessee to demonstrate the existence of sufficient cause which prevented the assessee from filing the ‘C’ forms within time. In the instant case, on the application, dated 23.07.2016, there is no response given by the first respondent. Therefore, having regard to the same, this Court deems it appropriate to dispose of the Writ Petition with a direction to the first respondent herein to consider the representations, dated 23.07.2016 and 20.08.2020, said to have been submitted by the petitioner herein, under Rule 12 (7) of the Rules, and to take appropriate action/pass appropriate orders, strictly in accordance with law - petition disposed off.
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