TaxTMI 
TaxTMI 
2024 (9) TMI 22
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....he order of the Respondent passed u/s 119(2)(b) of the Act dated 28.06.2024 for the assessment year 2018-19 vide DIN ITBA/COM/F/17/2024- 25/1066419834(1) (Annexure-G) and condone the delay of 11 days in filing the return of income. b. This Hon'ble Court may be pleased to issue such other reliefs or reliefs as this Hon'ble Court deems fit, in the interest of justice and equity." 2. Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record. 3. The petitioner-Society filed Income Tax returns for the Assessment Year 2018-19 on 10.11.2018, which was followed by an intimation dated 02.07.2019 issued by the respondent under Section 143(1) of the Income Tax Act, 1960 (for shor....
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....ng the delay in filing returns and remit the matter back, the petitioner would unconditionally withdraw the appeal filed by the petitioner. 5. Per contra, learned counsel for the respondent submits that there is no merit in the writ petition and that the same is liable to be dismissed. 6. As rightly contended by learned counsel for the petitioner in M/s. Sullia Taluk Womens Multi Purpose Cooperative Society Limited Vs. the Deputy Commissioner of Income Tax and others - W.P.No.19531/2023 dated 21.09.2023, this Court held as under: "The petitioner, a co-operative society registered under the Karnataka Co-operative Societies Act, 1959 is aggrieved by the third respondent's order dated 23.05.2023 under Section 119(2)(b) of th....
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....ention in its application. It is also stated that it has been tax complaint with the return filing in all the previous year and subsequent years. The denial of deduction u/s 80P(2)(a)(i) would result in undue hardship an affect the members of the society who are from rural background." The third respondent has rejected the petitioner's request for condonation of delay in the light of the Assessing Officer's report as aforesaid by reason, which reads as under : "The facts of the case & petition of assessee have been examined. Section 119(2)(b) permits admission of a claim "for avoiding genuine hardship". The petition does not show that the default in complying with the requirement of law was due to circumstances bey....
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....01.2019 is not explained, and if the delay is not satisfactorily explained, no exception can be taken with the impugned order. 6. The embargo on the admissibility of deductions under Chapter VIA, in view of the provisions of Section 80AC, is if the ITRs are not filed before the due date specified under sub-section (1) of Section 139 of the IT Act. The provisions of Section 80AC of the IT Act do not stipulate in express terms that the deductions will be inadmissible if the delay in filing the ITR is condoned. This would be crucial because it remains redoubtable that in the peculiarities of each case, the concerned, in exercise of powers conferred under Section 119(2)(b) of the IT Act could condone the delay in filing ITR beyond the ....
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....rom the date the delay is condoned or such other reasonable time as may be observed by this Court. This Court must observe that even otherwise, this aspect will be considered by the Courts depending on the circumstances of each case, when a case for condonation of the delay is established. As such, this Court is not persuaded to opine that the petitioner must be refused indulgence as against the third respondent's impugned order on the grounds urged on behalf of the respondents if this Court is of the opinion that both sufficient reasons and hardship are established for condonation of the delay. 9. The petitioner had to file ITR on or before 31.10.2018 in terms of Section 139(1) of the IT Act, and because of the provisions of S....
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....impugned order dated 23.05.2023 is quashed condoning the delay of 61 days in the petitioner filing ITR for the Assessment year 2018-19. Consequentially, the demand dated 31.05.2019 as per Annexure-E is also quashed. [B] The respondents shall be entitled for limitation for the purposes of Section 143(2) of the IT Act from 31.12.2023. It is clarified that the timeline for completion of the assessment will have to be necessarily reckoned from the expiry of three months now provided for viz., 31.03.2024. Consequentially, the demand dated 31.05.2019 as per Annexure-E is also quashed". 7. As can be seen from the aforesaid order, by virtue of the Circular dated 26.07.2023, the petitioner would be entitled to the benefit of Section 80P ....