9911796707
TMI Blog2023 (12) TMI 462X X X X Extracts X X X X X X X X Extracts X X X X ..... Through: Mr Sanjeev Menon, Standing Counsel. RAJIV SHAKDHER, J. (ORAL): 1. On 14.12.2022, after hearing learned counsel for the parties, we had broadly set out the grievance of the petitioner. For convenience, the relevant part of the order dated 14.12.2022 is extracted hereafter: "2. A challenge in this writ petition is laid to the impugned intimation dated 13.11.2022 issued by respondent n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t petition, we are concerned with Assessment Year (AY) 2021-2022. 5. Mr Garg informs us, that for AY 2022-2023, once again, in accordance with the provisions of sub-section (5) of Section 115BAA of the Act, the petitioner continued to opt for being taxed at the rate of 22%, and has accordingly indicated the option in the prescribed form i.e., Form 10-IC. 6. Mr Zoheb Hosaain, who appears on b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Central Board of Direct Taxes (CBDT) via circular dated 17.03.2022 had relaxed the rigour of the law, in exercise of its powers under Section 119(2)(b) of the Act. 9. To our minds, the matter requires to be delved into. 10. Accordingly, issue notice. 10.1 Mr Zoheb Hossain accepts notice on behalf of the respondents/revenue. 11. Counter-affidavit will be filed within the next four w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... our attention to paragraph 3 of the aforementioned circular, which is extracted hereafter: "3. On consideration of the matter, with a view to avoid genuine hardship to the domestic companies in exercising the option u/s 115BAA of the Act, CBDT in exercise of the powers conferred under section 119(2)(b) of the Act, hereby directs that: - The delay in filing of Form No. 10-IC as per Rule 21AE o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d to in paragraph 3 of the said circular. 6. In these circumstances, the writ petition is disposed of, with a direction to the CBDT to process the petitioner's request contained in Form 10-IC. 7. The CBDT will process the aforementioned prescribed form within eight (8) weeks from the date of receipt of the order passed today. 8. The interim order dated 14.12.2022, which was made absolute on 19. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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