2023 (11) TMI 126

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....order dated 23.05.2023 under Section 119(2)(b) of the Income Tax Act, 1961 [for short, 'the IT Act]. The petitioner has also incidentally called in question the intimation dated 31.05.2019 issued under Section 143(1)(a) of the IT Act and the letter for recovery dated 23.11.2020. 2. The facts necessary for decision in this case would be that the petitioner's accounts are audited in the month of August 2018. The petitioner, given the provisions of Section 80AC(ii) of the IT Act, was required to file Income Tax Returns [ITR] before 31.10.2018, but has filed ITR on 31.12.2018. The petitioner has filed an application for condonation of the delay under Section 119(2)(b) of the IT Act contending that for bona fide reasons the ITR could ....

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.... law was due to circumstances beyond the control of the assessee. The assessee has neither proven any hardship caused to him, nor the circumstances which prevented them from filing the return of income within the permissible time limits". 4. This Court has granted interim order on 07.09.2023. Sri. Shreehari Kutsa, the learned counsel for the petitioner, and Sri. K. V. Aravind, the learned standing counsel for the contesting respondents, are heard for final disposal of the writ petition. Sri K.V. Aravind submits that the condonation of delay would enable the petitioner to avail the benefit under Section 80P of the IT Act notwithstanding the provisions of Section 80AC(ii) of the IT Act inasmuch as these provisions stipulate that no deducti....

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.... ITR beyond the due date contemplated under Section 139(1). 7. This Court must also refer to the Circular dated 26.07.2023 in No. 13/2023 issued by the Central Board of Direct Taxes on condonation of delay in filing ITR and allowing deductions under Section 80P of the IT Act for various assessment years starting from 2018-19, and the relevant paragraphs would be: "4. In order to mitigate genuine hardship in cases referred to in para 3, the Board, in exercise of the powers conferred under section 119 of the Act, hereby directs that the Chief Commissioners of Income* tax (CCs/T) / Directors General of lncome*tax (DGsIT) are authorised to deal with such applications of condonation of delay pending before the Board, upon transfer of....

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....ction 139(1) of the IT Act, the ITR could have been filed until 31.12.2018. The petitioner has filed the ITR on 31.12.2018. There is no dispute that the elections to the Managing Committee is held on 27.01.2019. This Court must observe that elaborate electoral processes such as finalization of voters list are contemplated under the provisions of the Karnataka Co-operative Societies Act/Rules, and these processes which will have to be commenced within certain timeline will have to be completed on or before the calendar of events of elections are announced. 10. As such, some part of this elaborate exercise will be made during the time between 31.10.2018 and 31.12.2018 to hold elections on 27.01.2019. When an application is filed for condon....