2026 (3) TMI 1191

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....itioner's application filed under section 119(2)(b) of the Income Tax Act, 1961 ("the Act") seeking condonation of delay in filing the Return of Income for the Assessment Year 2022-23. The Petitioner is seeking appropriate directions for condonation of delay of 169 days in filing the return of income for the A.Y 2022-23 and permission to upload the returns on the E-filing Portal within a reasonable period of time. 3. Respondent No. 1 rejected the applications of the Petitioner vide orders dated 11th December, 2024 and 10th March, 2025 by holding that the reasons given by the Petitioner for not filing the return of income do not fall within the criteria of genuine hardship and the Petitioner was not prevented by any reasonable cause f....

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.... of the time period under section 139 of the Act, the window for uploading the return on the Income Tax E-filing Portal was also closed. 5. The Petitioner submitted that the audit report and the return of income for the Assessment Year 2022-23 could not be furnished within the prescribed time period as certain disputes had arisen between the Directors of the Company with respect to certain contents in the financial statements of the Company and other management decisions etc. The said disputes subsequently culminated into NCLT proceedings which are still going on before the National Company Law Tribunal. Due to these reasons, the financial statements of the Petitioner could not be finalized on time. The same resulted in non-furnishing of....

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....t No. 1. He further submitted that documents of the NCLT proceedings furnished by the Petitioner were not given to Respondent No. 1 during the course of the proceedings under section 119(2)(b) of the Act. Thus, there was no reasonable cause for the delay in filing the return of income. Hence, Respondent No. 1 was justified in rejecting the application. 9. In rebuttal, the Petitioner stated that, though the aforesaid reasons for delay in filing the return were not expressly mentioned before the Respondent No. 1 in the initial application dated 25.04.2023 filed under section 119(2)(b) of the Act, the same were duly provided in the second application dated 02.01.2025 with the relevant documents, which can be referred from pages 156-157 of t....