2025 (6) TMI 1229

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....icles 226 and 227 of the Constitution of India, the petitioner has challenged the order dated 05.09.2023 passed by the Chief Commissioner of Income Tax-1, Ahmedabad under section 119(2)(b) of the Income Tax Act, 1961 [for short 'the Act'] whereby, the application for condonation of delay for filing return for Assessment Year 2019-20 was rejected. 3. Brief facts of the case are as under: 3.1 The petitioner-Company formerly known as M/s. Praveg Communication (India) Ltd was amalgamated with M/s. Sword & Shield Pharma Ltd w.e.f. 01.04.2016 as per the order dated 13.12.2019 pronounced on 09.01.2020 by the National Company Law Tribunal ['NCLT' for short]. 3.2 It is the case of the petitioner that as per the scheme of Amalgamation, effec....

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....respondent-authority, by the impugned order, has rejected the application of the petitioner for A.Y. 2019-20 on the ground that the petitioner had more than 10 months' time from January 2020 to November,2020 to file revised return of income by preparing Book of Accounts and therefore, there was no genuine hardship to file revised return of income by the petitioner. 4. Learned advocate Mr. Dhinal Shah invited the attention of the Court to the impugned order, and submitted that the respondent has categorically stated that the PCIT had submitted that in light of the decision of the Hon'ble Apex Court in case of Dalmia Power Ltd vs ACIT, wherein the Apex Court allowed to revise returns in case of amalgamation beyond the prescribed time to bo....

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....ng heard learned advocates for the respective parties and considering the facts of the case it is not in dispute that the NCLT has, by the order pronounced on 09.01.2020, permitted the Amalgamation Scheme between the erstwhile companies viz. M/s. Sword & Shield Pharma Ltd and the petitioner-Company and therefore, the petitioner was required to file revised return from the appointed date i.e. 01.04.2016 for relevant Assessment Years 2017-18, 2018-19 and 2019-20. Accordingly, the petitioner filed the application to condone delay for filing revised return under the provisions of section 119(2)(b) of the Act. 7. The respondent, by the impugned order dated 05.09.2023, granted the application for A.Ys 2017-18 and 2018-19 by condoning delay to ....