1988 (12) TMI 2

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....19(2) of the Income-tax Act, 1961, seeking a direction to the Income-tax Officer to allow their claim for losses, unabsorbed depreciation and relief by way of investment allowance pertaining to the assessment year 1977-78. The application was disposed of by the Board stating as follows : " The Ministry of Law has advised that section 119(2)(b) would not cover the case of a belated return on the....

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....therefore, the decision made by the Board is not in accordance with law Learned counsel for the petitioner also referred to Circular No. 446 of December 31, 1985, condoning delay in making refund claims, vide [1986] 157 ITR (St) 50. On the contrary, learned counsel for the respondents submitted that there is no power under the statute to extend time, or condone the delay in filing a return inas....

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....esirable or expedient so to do for avoiding genuine hardship in any case or class of cases, by general or special order, authorise the Commissioner or the Income-tax Officer to admit an application or claim for any exemption, deduction, refund or any other relief under this Act after the expiry of the period specified by or under this Act for making such application or claim and deal with the same....

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....t cannot be rejected merely on the ground that it is only made in a return and not by a separate application. Therefore, the request made by the petitioner does fall within the scope of the expression "claim". Though it is not a claim regarding exemption or deduction or refund referred to in section 119(2)(b). it is definitely relatable to a claim arising under the category of any other relief ava....