2023 (4) TMI 955

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....under Article 226 of the Constitution of India petitioner seeks a direction to the respondents to condone the delay in filing the return of income for the assessment year 2021-2022. 3. Petitioner is a company incorporated under the Companies Act, 2013. It is carrying on the business of construction of tunnels, mining works etc. It is an assessee under the Income Tax Act, 1961 (briefly, 'the Act' hereinafter). 4. It is stated that because of COVID-19 pandemic, financial condition of the petitioner was severely affected because of which it could not file the income tax return for the assessment year 2021-2022 within the due date. Due date for filing the return was 15.03.2022 but petitioner filed the return on 31.03.2022 under Section 13....

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....urse of verification, it can be seen from CPC 2.0 portal that the assessee has already filed the ITR for A.Y.2021-22 on 31.03.2022 (belatedly) in order to claim concessional tax rate by filing Form10IC but CPC had not allowed the concessional tax rate while processing the ITR which resulted in raise of tax demand of Rs.38,45,310/-. Further, the CBDT Board's circular 06/22 dated 17.03.2022, the condonation for filing Form-10IC was granted only for A.Y.2020-21 and there is no circular issued for condonation of delay for filing Form-10IC for A.Y. 2021-22 till date. 4. As ITR has been already filed, hence no action/interference u/s. 119(2)(b) of Income Tax Act, 1961 is warranted in the instant case. Accordingly, the condonation of dela....

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....lass of cases, by general or special order, authorise any income tax authority, not being the Commissioner (Appeals), to admit an application or claim for any exemption, deduction, refund or any other relief under the Act after the expiry of the period specified by or under the Act for making such application or claim and deal with the same on merit in accordance with law. 9. Insofar the present case is concerned, though the return ought to have been filed on 15.03.2022, it was belatedly filed on 31.03.2022. As a result, the concessional rate of tax claimed by the petitioner has not been considered. 10. On 28.03.2023, we had passed the following order: Petitioner has assailed legality and validity of the order dated 10.02.202....