Delay in filing return, petitioner entitled to refund of excess...

Delay in filing return, petitioner entitled to refund of excess tax deducted at source, revenue rejected application u/s 119(2)(b) citing lack of proof for hardship faced in not filing return on time as per Circular 9/2015. Petitioner residing in Mumbai, return could not be filed by advocate. Held that pedantic approach should be avoided in condonation of delay matters, justice-oriented approach adopted. Petitioner permitted to file belated return by exercising powers u/s 119(2)(b) as entitled to refund. Petition allowed, matter remanded to pass appropriate order u/s 119(2).

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