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2023 (11) TMI 757 - DELHI HIGH COURTSeeking permission to file Modified return u/s 170A - Post amalgamation scheme sanctioned/approved by NCLT - Due date of filing of ITR has already expired - Apprehension of the revenue that, it could not process the return as it would be time barred - HELD THAT:- Having regard to the position taken by the respondents/revenue and given the fact that the modified return, as noticed above, has already been filed by the petitioner, we are inclined to dispose of the writ petition with the following directions: (i) The AO will have liberty to carry out scrutiny assessment; (ii) The time taken between the date when the proceedings were stayed and up until today will stand excluded; (iii) In terms of the first proviso appended to Explanation 1 of Section 153 of the Income Tax Act, 1961 [in short, “Act”], the AO will have available to him 60 days for completion of assessment proceedings, which will commence from the date of receipt of a copy of the order passed today, and (iv) The assessment proceedings will be carried out having regard to the modified return filed by the petitioner.
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