2016 (10) TMI 403

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... SRI.K.M.V.PANDALAI JUDGMENT Petitioner challenges Ext.P10 order, by which the Commissioner of Income had rejected an application filed under Section 119 (2) (b) of the Income Tax Act, 1961, inter alia observing that the assessee does not have any genuine financial hardship and he could justify or produce any evidence for the delay in filing the return of income. 2. The main contention ur....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....d by the Federal Bank on 16.2.2008 calling upon the petitioner to pay an amount of Rs. 6,48,704/- being the amount due to the Bank, failing which he was threatened with SARFAESI proceedings. By Ext.P6, the Commercial Tax Officer had cancelled the registration of the petitioner as per order dated 5.2.2009 under the Kerala Value Added Tax Act. Exts. P7 and P7 (a) are the judgments issued by the Judi....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....oss delay in filing the return. 7. The issue that arises for consideration is whether the Commissioner was justified in denying an application to condone the delay in accepting the returns. Section 119 (2) (b) reads as under:- "119.(2): Without prejudice to the generality of the foregoing power: - (b) the Board may, if it considers it desirable or expedient so to do for avoidi....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....t when an assessee is suffering huge losses for over a period of time, it has to be assumed that they have genuine hardship and the genuine hardship can be redressed or avoided only on payment of the amount which is legally due to them. 9. In the case on hand as well, there are some materials to indicate that the assessee was under severe financial crises. He had to close down his business, his....