17.1 C
New York
Thursday, September 29, 2022

Buy now

spot_img

SC Follows Strict Interpretation Of Exemption Provision To Mandatorily Require Filing Of Declaration To Withdraw Benefit Within Due Date: EY Analysis


BQ Prime’s special research section collates quality and in-depth equity and economy research reports from across India’s top brokerages, asset managers and research agencies. These reports offer BQ Prime’s subscribers an opportunity to expand their understanding of companies, sectors and the economy.

This tax alert summarizes a Supreme Court ruling in the case of Wipro Ltd. (Taxpayer), dated July 11, 2022 wherein issue raised was whether a claim for exemption under section 10B made in original return of income can be withdrawn by filing a declaration to opt out of the claim beyond the time specified in the provision.

The taxpayer filed its original ROI within the due date by declaring loss but reserved its claim for exemption under S. 10B by furnishing a certificate from an accountant verifying such a claim.

Subsequently, the taxpayer withdrew such claim under revised ROI, filed a belated declaration for opting out of S.10B and made a claim for carry forward of losses.

However, tax authority denied the claim for belated withdrawal and thereby denied the benefit of carrying forward of loss.

In this backdrop, the SC negated the contention of the taxpayer and held that exemption provisions are to be strictly construed and the time limit provided under S.10B(8) to file a declaration to opt out of the claim is mandatory.

The instant SC ruling is significant in terms of diverse principles emanating from it. One of the propositions endorsed by the SC is that revised tax return cannot be filed to modify the claim made in the original return except in cases involving mistake or wrong statement in the original return.

Click on the attachment to read the full report:

DISCLAIMER

This report is authored by an external party. BQ Prime does not vouch for the accuracy of its contents nor is responsible for them in any way. The contents of this section do not constitute investment advice. For that you must always consult an expert based on your individual needs. The views expressed in the report are that of the author entity and do not represent the views of BQ Prime.

Users have no license to copy, modify, or distribute the content without permission of the Original Owner.





Source link

Related Articles

Stay Connected

0FansLike
3,507FollowersFollow
0SubscribersSubscribe
- Advertisement -spot_img

Latest Articles