TaxTMI 
TaxTMI 
TaxTMI 
2025 (10) TMI 705
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....s Vyoma K Jhaveri (6386). For the Respondent(s) No. 1: Notice Served By DS. ORAL JUDGMENT (PER : HONOURABLE MR. JUSTICE PRANAV TRIVEDI) 1. Heard learned Senior Counsel Mr. Tushar Hemani for learned advocate Mr. Naitik Shah for the petitioner, learned advocate Ms. Vyoma Jhaveri for the respondent No.1 and learned Senior Standing Counsel Mr. Karan Sanghani for the respondent No. 2. 2. Rule, returnable forthwith. Learned advocate Ms. Vyoma Jhaveri waives service of notice of rule for and on behalf of respondent No.1 and learned Senior Standing Counsel Mr. Karan Sanghani waives service of notice of rule for and on behalf of the respondent No. 2. 3. Considering the controversy involved which is in narrow compass, ....
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....6,967/-. On account of the compensation amount, the acquiring company Ancelor Mittal Nippon Steel India Limited also deducted tax at source to the tune of Rs. 6,66,667/- under the provisions of Section 194LA of the Act. This was duly reflected in Form 26AS on 5.6.2022. The acquiring company, however, failed to give Tax Deduction at Source (TDS) Certificate in Form 16A to the petitioner and never informed the petitioner about the deduction of tax at source. 5.2 It is the case of the petitioner that the petitioner started working at AMNS SHARED SERVICES LIMITED in the Financial Year 2023-24 and because of his new job, he required service of Chartered Accountant to file return of income. On 26.2.2024, the Chartered Accountant of the petitio....
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....nuineness of the transaction of the receipt of the compensation by the petitioner. On such facts, the order passed by the respondent under Section 119(2)(b) of the Act is impugned in the present petition. 6. Learned Senior Counsel Mr. Tushar Hemani submitted that the the Respondent No. 2 failed to consider the facts of the case that the petitioner filed his return of income for the first time for the Assessment year 2022-23 claiming that the compensation received against the land acquisition is in capital receipt in nature and claiming of refund for TDS deducted by the Arcelor Mittal Nippon Steel India Limited U/s 194LA of the Act for Rs. 6,67,667/- and prior to filing this return the Petitioner did not file any return for any assessment....
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.... year after deduction of TDS, he was under bona fide belief that the return of income was not required to be filed, as the entire income which has been received is considered to be capital receipt and no income tax was chargeable. After realizing mistake, the Petitioner filed his return voluntarily claiming refund of TDS on 29/02/2024, prior to the issuance of any notices under section 142/148 of the Act. Therefore, the order passed by the Respondent No. 2 deserves to be quashed and set aside. 7. Per contra, learned Senior Standing Counsel Mr. Karan Sanghani relying on the affidavit-in-reply filed by the respondent submitted that the powers under Section 119(2) (b) of the Act has been exercised diligently and judiciously after considerin....
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....bout the Tax Deduction at Source, only being employed in the very same year and on acquiring Permanent Account Number, the petitioner came to be aware about tax deducted at source. It is also not in dispute that the petitioner was not heard and the respondent had gone into merits of the genuineness of the transaction and the quantum of award. The issue of genuine hardship has come up for consideration in numerous judgments before the Hon'ble Apex Court and before this Court. The term 'genuine' means not fake or counterfeit, real, not pretending (not bogus or merely a ruse).However, 'genuine hardship' means genuine difficulty. In the instant case, the respondent was required to consider the facts of the case by condoning the delay and allowi....