Assessee, a joint venture between Tata Autocomp and GOTION CHINA filed an application for condoning delay if any in filing Form 10ID to avail beneficial rate of 15% under section 115BAB. A personal hearing was conducted, and an order was passed rejecting application of assessee. Assessee challenged order on two grounds: first, it was not signed by Member who conducted personal hearing, and second, it relied on a Field Authorities’ report that was not provided to assessee. Principles of natural justice would require that revenue should have made available a copy of report received by them from Field Authorities to assessee and given them an opportunity to explain or show cause. On those two grounds alone, order was to be quashed and set aside. Matter remanded to Central Board of Direct Taxes with directions. (AY. 2022-23)
Tata Autocomp Gotion Green Energy Solutions (P.) Ltd. v. CBDT (2024) 299 Taxman 282 /464 ITR 61 / 340 CTR 942(Bom.)(HC)
S.119 : Central Board of Direct Taxes-Instructions-Circular-Tax on income of new manufacturing domestic companies-Application for condonation of delay-Relied on report which is not made available to the petitioner-Order is not passed or signed by the Member who has given personal hearing-Principles of natural justice would require that revenue should have made available a copy of report received by them from Field Authorities to assessee and given them an opportunity to explain or show cause-Matter remanded to Central Board of Direct Taxes with directions. [S. 115BAB, 119 (2)(b), Form No 10-ID, Art. 226]