2024 (11) TMI 1548

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....                                                                              For the Petitioner(s) No. 1: Jaimin A Gandhi (8065)   For the Respondent(s) No. 1: Karan G Sanghani (7945). ORAL JUDGMENT (PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA) 1. Amendment filed by learned advocate Mr. Gandhi is allowed in terms of draft. The same shall be car....

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....Sub-auditor of the Cooperative Societies, Surat for the period from 01.04.2014 to 31.03.2018 and it is admitted that the Subauditor of the Cooperative Societies did not make any appointment of the Auditor till 31.10.2018 and hence, the Return of Income (ROI) was not filed within prescribed time limit. He has submitted that subsequently, on an advice of the Income Tax Consultant, the petitioner-Society filed return of income on 29.11.2018, without waiting further for completion of audit however, the respondent-Department issued intimation order under section 143(1) of the Act dated 16.05.2019 holding that the gross total income in the hand of the petitioner-Society is Rs. 3,62,115/- and thereafter, disallowed deduction under section 80P of t....

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....nd file its return within a due time limit and since it has failed to establish that, the order under section 119(2)(b) of the Act may not be set aside. He has submitted that it cannot be said that the petitioner-Society has faced genuine hardships on merits. 9. We have heard the learned advocates appearing for the respective parties at length and also perused the documents, as pointed out by them. 10. The entire case of the respective parties hinges on the provisions of Section 119(2)(b) of the Act. The same are as under: "119. Instructions to subordinate authorities (2) Without prejudice to the generality of the foregoing power,- (b) the Board may, if it considers it desirable or expedient so to do for avo....

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....r No.13 of 2023 dated 26.07.2023 more particularly, paragraph No.6(ii). The same are as under: "6. In the content of para-5 above, the CCsIT/DGsIT while deciding such applications for condonation of delay in furnishing return of income, shall satisfy themselves that the applicant's case is a fit case for condonation under the existing provisions of the Act. The CCsIT/DGsIT shall examine the following while deciding such applications- (i) *** *** *** (ii) where delay in furnishing return of income was caused due to delay in getting the accounts audited by statutory auditors appointed under the respective state Law under which such person is required to get his accounts audited, the date of completion of audit vis-a....