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Un-necessary disputes and litigation by revenue on aspect of filing of prescribed forms now Supreme Court decided issue in favour of assessee let us hope revenue will follow judgment and will not distinguish facts based on prescribed form - its number name or contents and purposes

Income Tax - Direct Tax Code - DTC - By: - CA DEV KUMAR KOTHARI - Dated:- 21-11-2015 - Links and references for judgments: COMMISSIONER OF INCOME-TAX Versus G.M. KNITTING INDUSTRIES (P.) LTD. & AKS ALLOYS (P.) LTD. 2015 (11) TMI 397 - SUPREME COURT Dated - 24 July 2015 Commissioner Of Income-Tax Versus Shivanand Electronics 1993 (9) TMI 30 - BOMBAY HIGH COURT Dated - 03 September 1993 Commissioner Of Income-Tax Versus Hardeodas Agarwalla Trust 1991 (7) TMI 22 - CALCUTTA HIGH COURT Dated - 24 .....

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purpose of obtaining information in a standard form. Some forms are simply signed and / or verified by tax payer some require report from accountant ( say CA, CMA or CS). The verification and report from accountant is prescribed for the purpose of greater accuracy and authenticity of data and information in prescribed from for use by concerned authorities. Prescribed forms and report therein or thereon are to make work easy: When information is furnished in prescribed form and is also verified b .....

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Tax authorities: Certain forms are submitted by tax payer as basic form like Income Tax Return (ITR). ITR is used by tax authorities for assessment procedures. In e-filing era, these are checked , analysed and worked upon by machines and software and some human intervention. When a case is selected for scrutiny, the AO apply his mind in thorough checking. Some forms are supporting forms for claims made in ROI. Some forms are verified by accountant. Forms for claims are usually used at the time .....

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ng with return or after filing of return or even during assessment proceedings. Non-filing of form before or with ROI is a technical lapse causing a technical defect which can be rectified: Failure to file prescribed form along with the ROI is only a technical lapse. Usually a claim will be allowed only when proper claim has been made in the ROI and assessee is able to establish his entitlement. If prescribed from is filed but claim is not made, then the deduction may not be allowed. Therefore, .....

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