2018 (4) TMI 1533

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....ition filed by the petitioner for condonation of delay to submit the returns have been rejected. 2. The assessee, a non-resident, residing permanently at the United States of America has filed a petition for condonation of delay under Section 119(2)(b) of the Act before the Chief Commissioner of Income Tax - respondent No.1 herein. It was contended that the assessee sold one vacant site at Tumkur on 06-02-2012 for consideration of Rs. 52,06,000/- which resulted in a net capital gain of Rs. 51,27,500/-. The assessee invested Rs. 49,00,000/- in REC Bond claiming exemption under Section 54 EC of the Act. The assessee being non-resident, the purchaser of the property had deducted income tax as per provisions of Section 195 of the Act, which ha....

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....ame, these writ petitions are preferred by the petitioner. 3. Learned counsel Sri. Balram R. Rao, appearing for the petitioner, reiterating the grounds urged in the writ petitions would submit that the respondent No.1 failed to consider the satisfactory explanation offered by the petitioner for the delay caused in filing the returns for the assessment years in question. Genuine hardship explained by the petitioner ought to have considered by the authorities in pragmatic view rather than a pedantic approach. The assessee is entitled to refund and the rejection of the application for condonation of delay had disentitled her to claim the refund which she is otherwise legally entitled to. 4. Learned counsel Sri. K.V. Aravind appearing for the....

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....s of refunds are being considered would be taken up for scrutiny. Similar instruction No.13/2006, interalia provides that no interest would be admissible on the belated refund claims. The phrase "genuine hardship" was interpreted by the Hon'ble Apex Court in B. M. Malani V/s. Commissioner of Income Tax, reported in (2008) 10 SCC 617 it was held that the genuine hardship means a genuine difficulty. The phrase "genuine hardship" employed under Section 119(2) (b) of the Act should be construed liberally, particularly in matters of entertaining of applications seeking condonation of delay. The Bombay High Court in the case of Bombay Mercantile Cooperative Bank Limited V/s. Central Board of Direct Taxes Reported in W.P. 1544/2010 (D.D. 20.09....