CONDONATION OF DELAY IN FILING OF ITR

[CABIJENDERKUMAR BANSAL]

Dear All

A Company is availing section 80-IB deduction related with housing projects.

For AY 2016-17 these returns/forms were filed late on 15.03.2017 due to dispute between auditor and company because for which company wanted to remove auditor. But auditor refused to give NOC and thus dispute was a subject matter of arbitration since 14.05.2016 till 19.10.2016, before regional Director, Ministry of Corporate affairs, Delhi and order of Regional director in favour of auditor was pronounced on 19.10.2016 and after that existing auditors of the company started the audit process, due to which filing of income tax return for A.Y 2016-17 was delayed from its due date i.e. 17.10.2016 and was actually filed on 15.03.2017. But deduction u/s 80-IB was not allowed in Intimation u/s 143(1) dated 19.06.2017 since it was a belated return.

For this, we filed request for condonation of delay to CCIT(Chief commissioner of Income Tax) under section 119(2)(b), Delhi but he rejected our application stating that it was the company only who went into dispute.

Now what are the remedies available and further appealable platforms? if this is appealable to CIT(A), at the time of online filing of appeal to CIT(A), we have to choose section under which appealable order has been passed.

And this rejection is not passed in any section.

Regards

AI Summary

Company's Late Tax Return for 2016-17: Section 80-IB Deduction Denied; Seeks Relief via Writ Petition after Rejection Under 119(2)(b) A company faced a delay in filing its income tax return for the assessment year 2016-17 due to a dispute with its auditor, which led to arbitration. The return was filed late on March 15, 2017, and the deduction under section 80-IB was disallowed because the return was belated. The company requested condonation of delay under section 119(2)(b) from the Chief Commissioner of Income Tax, which was rejected, citing the company's role in the dispute. The suggested remedy is to file a writ petition in the High Court for relief.