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2017 (7) TMI 828

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..... e rejection of claim for exemption on stock transfer for want of declaration Forms - there is no material before this Court to show that as to what steps have been taken by the petitioner to secure the duplicate F Forms. However, considering the fact that the assessment was completed by an order dated 29.07.2016. The petitioner has produced substantial proof of Forms and the Assessing Officer also given due credit to the said Forms. Therefore, I am of the view that it is not a case of lack of bonafide but appears to be a genuine difficulty. For that reason, this Court is inclined to issue appropriate directions to be complied with by the petitioner and simultaneously safeguarding the interest of the Revenue - petition allowed. - Writ Petit .....

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..... 16 computing the total tax payable by the petitioner. On receipt of the said order, the petitioner submitted a representation on 03.03.2017 enclosing about 131 C Forms and 28 F Forms. Further, it was submitted that there is a delay in submitting the Forms due to the damage caused by heavy floods and their godown of the building was fully flooded and they are in the process of collecting the balance Forms and requested a months time to enable them to submit those Forms. After waiting for nearly a month the respondent has passed the impugned assessment order dated 28.04.2017, after due credit to C Forms and F Forms produced by the petitioner and complete the assessment. 3.The learned senior counsel appearing for the petitioner would submit .....

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..... Forms and procedure to obtain the duplicate Forms is a cumbersome procedure. However, there is no material before this Court to show that as to what steps have been taken by the petitioner to secure the duplicate F Forms. However, considering the fact that the assessment was completed by an order dated 29.07.2016. The petitioner has produced substantial proof of Forms and the Assessing Officer also given due credit to the said Forms. Therefore, I am of the view that it is not a case of lack of bonafide but appears to be a genuine difficulty. For that reason, this Court is inclined to issue appropriate directions to be complied with by the petitioner and simultaneously safeguarding the interest of the Revenue. 5.In the light of the above .....

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