2025 (3) TMI 235

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....tion challenges the order dated 28 February 2023 under Section 119 (2) (b) of the Income Tax Act, 1961, refusing to condone the delay in filing income tax returns for the assessment years 2017-18 and 2018-19. 4. Mr Jose Pulikkoden, the learned Counsel for the Petitioner submits that this was a case of genuine hardships as explained in the application for the condonation of delay filed on 23 November 2022. He pointed out that the financial position of the Petitioner company is not quite strong, and the business activities suffered considerably due to the Covid pandemic. He submitted that the Petitioner had candidly disclosed that a part-time accountant received the intimation of the notice of defective return, but the same was not brought....

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....Petitioner is allowed to file the return or instead, if the Petitioner is permitted to clear the defects in the original return already filed, then the Petitioner will not claim any interest on the refunds if such refunds are ultimately found due on the assessment or intimation. He submitted that this will address the department's concern about the Petitioner claiming interest on refunds. 8. The records show that this is a case where the Petitioner had filed the returns within the prescribed period. However, the returns were found to be defective, and the Petitioner was informed of the defective return. However, for reasons the Petitioner attributes to the part-time account, such intimation was not addressed, resulting in the delay. The ....