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The HC allowed the petition, holding that the delay in filing the return was attributable to the petitioner's Chartered Accountant being pre-occupied with a family ceremony and constituted a genuine hardship; the audit report had been duly certified and the assessee's losses were undisputed. The Court concluded that entitlement to the statutory benefit is procedural and cannot be forfeited on mere technicalities where a bona fide explanation exists. The HC set aside the respondent's order and remanded the matter with a direction to consider and pass a fresh order under Sec. 119(2)(b) of the Act, condoning the delay in filing the income-tax return.
The HC allowed the petition, holding that the delay in filing the return was attributable to the petitioner's Chartered Accountant being pre-occupied with a family ceremony and constituted a genuine hardship; the audit report had been duly certified and the assessee's losses were undisputed. The Court concluded that entitlement to the statutory benefit is procedural and cannot be forfeited on mere technicalities where a bona fide explanation exists. The HC set aside the respondent's order and remanded the matter with a direction to consider and pass a fresh order under Sec. 119(2)(b) of the Act, condoning the delay in filing the income-tax return.
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