2024 (5) TMI 595

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....ection 80IB of the Income Tax Act, 1961 ("the Act") because of filing belated ROI. Petitioner's appeal came to be dismissed by the Commissioner of Income Tax (Appeals) [CIT(A)] vide an order dated 31st March 2017 on the same ground that Petitioner did not file the ROI on time. Petitioner challenged that order of the CIT (A) by filing an appeal before the Income Tax Appellate Tribunal ("ITAT"). During the pendency of the appeal, Petitioner also filed an application under Section 119 (2) (b) of the Act before the Central Board of Direct Taxes ("CBDT"). The CBDT rejected Petitioner's application on 7th May 2021. Against that order passed by the CBDT under Section 119 (2) (b) of the Act rejecting Petitioner's application for condonation of dela....

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....ew, substantial injustice would be caused to the petitioner if the order dated 7th May, 2021 is not set aside. This is clearly a case falling within the phrase "genuine hardship". As mentioned above. Technical consideration above cannot come in the way of substantial justice. It is neither an allegation of mala fide nor an allegation that the delay has been deliberate. We do not find that the omission to file petitioner's return by the income tax consultant to be an act of negligence. Any person in his situation would have been mentally disturbed. The very fact that not only the petitioner's ITR was not filed in time, there were also 28 others whose return filing was delayed beyond the due date. The authorities should refrain from over anal....

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....ay 2022 there was no error, the ITAT failed to appreciate the spirit in which the order dated 23rd August 2022 was passed by the Hon'ble High Court. The High Court had very categorically observed that the authority should refrain from over analysis which leads to paralysis of justice. Therefore, the delay having been condoned by the High Court, we hereby quash and set aside the assessment order dated 14th March 2014 and remand the matter to the stage of the Assessing Officer ("AO"), who shall pass fresh assessment order in accordance with law by considering the claim for deduction under Section 80IB (10) of the Act for AY 2011-12 made by Petitioner as if there was no delay in filing the return. In fact, what we understand from paragraph 22 ....