TaxTMI 
TaxTMI 
2024 (11) TMI 178
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....0 and thereafter, filed their ITR on 03.06.2020 with a delay of 216 days, due to which, the petitioner was unable to claim the deductions, exemptions, etc., available to them under the provisions of the IT Act. 3. Further, he would submit that the aforesaid delay was occurred due to the delay in receipt of audit report and the COVID outbreak and the said aspects were explained by the petitioner in their application, which was filed under Section 119(2)(b) of the IT Act, to condone the delay in filing the ITR. However, the said application was rejected by the respondent, vide the impugned order, citing the reason that the petitioner has not provided sufficient reasons to justify their genuine hardships. 4. He would also contend that while rejecting the condone delay application, the reasons assigned by the petitioner were not at all considered by the respondent in a proper perspective, due to which, the petitioner, being co-operative society, is facing irreparable hardships. Hence, he requests this Court to pass appropriate orders to set aside the impugned order and condone the delay in filing the ITR, so as to enable the petitioner to claim their deduction available under the pro....
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....heir ITR. 11. The petitioner, being a Co-operative Society, the income received by them are exempted under Section 80P of the IT Act, provided that they are supposed to file their ITR on or before the due date as prescribed under Section 139(1) of the IT Act. In terms of Section 80AC of the IT Act, if an Assessee failed to file their ITR on or before the due date, they will not be entitled to get any deductions. In the present case, it is an admitted fact that the ITR was not filed by the peittioner within the time limit, due to which, they were unable to claim their deductions under Section 80P of the IT Act. Under these circumstances, the petitioner had filed an application, under Section 119(2)(b) of the IT Act, before the respondent only with an intention to avail the ultimate benefits, which are available to them under Section 80P of the IT Act. 12. The subject matter of this case is pertaining to the assessment year 2019-20. As per the provisions of Section 139(1) of the IT Act, the due date for filing ITR for the said assessment year was on 31.10.2019. At this juncture, it would be apposite to extract the provisions of said Section 139(1) of the IT Act, which reads as foll....
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....ty Limited, for the year ended 31st March, 2019 as per Section 80 of the Tamil Nadu Co-operative Societies Act, 1983 and Rules 102(8) of the Tamil Nadu Co-operative Societies Rules, 1988 - Issued. ------ ORDER: The Accounts of the The 9074 Neermullikuttai Primary Agricultural Co-op Credit Society Limited, for the year ended 31st March 2019 as audited by Tmt.B.Bhuvaneshwari, Junior Co-operative Auditor and finalised by Thiru.Shunmuga Sundaram, Co-operative Audit Officer are passed 1. The Statements of (i) Receipt and Disbursement, (ii) Profit and Loss Accounts (iii) Balance Sheet as furnished by her are appended. 2 .......................... 3 .......................... 4 ........................... 5 ........................... 6 ........................... 7 ........................... 8 ........................... 9 ........................... 10 ......................... 11 ......................... 12. GENERAL: A copy of the schedule of defects on the final audit of the Society for the year ended 31st March 2019 as furnished by the Auditor is communicated herewith. The Society will keep (i) The Audit Certificate, (ii) The Receipts and Disbursement....
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....er and considering all these aspects, the respondent had rightly rejected the petitioner's application. 20. In view of the above, by condoning the delay of 216 days, this Court will, either wittingly or unwittingly, be a party to all the acts of omission/misdeeds committed by the petitioner. Since the issue is pertaining to the revenue matters, the present condone delay petition cannot be compared at par with the other applications filed for condoning the delay in filing, representation, etc. If the delay is condoned and the present petition is entertained in the absence of genuine hardships, it would amount to further encourage the misdeeds of the petitioner. In such case, this Court is not inclined to entertain this petition. 21. That apart, as contended by the learned Senior Standing counsel appearing for the respondent, even assuming if there is any merit in the case on hand, so as to consider the request made by the petitioner, it would set a bad precedent and in future, the Assesees will approach this Court to condone the delay in filing the ITR by referring the present case as a precedent, which would ultimately defeat the object of Section 80AC of the IT Act and makes....