2026 (6) TMI 559

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....ion with the consent of the learned counsel for the Petitioner and the learned Senior Standing Counsel for the Respondents. 3. The Petitioner is a Primary Agricultural Cooperative Society before this Court against the impugned order dated 20.12.2024 whereby the Petitioner's application for condoning the delay in filing the Return of income vide application dated 20.12.2023 has been rejected for the Assessment Year 2018-2019. 4. The facts on record reveal that the last date of filing the Return of income under Section 39(1) expired on 31.10.2018 and on 31.12.2018 under Section 139(4) of the Income tax Act, 1961. 5. Since the Petitioner had failed to file the return of income, notice was also issued under Section 148 on 07.04.2022 un....

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....ropriated documentary evidence. Hence, such non filing of return of income U/s 139(1) is clearly attributable to the assessee. 8. As such on examining the assessee's said application, it also CANNOT therefore .....(i) the delay in furnishing the return of income within the due date/extended due date under sub-section (1) of section 139 of the Act was caused due to circumstances beyond the control of the assessee with appropriate documentary evidence/s"....... in terms of section 6(i) and quoted above of CBDT Circular No.13/2023 in F.No.173/21/2023-ITA-1 dated 26.07.2023. 9. Since the aforesaid condition of Para 6 of the said CBDT circular namely 6(i) is not satisfied for the said A.Y. considering the overall matri....

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....te as 07.05.2022 13. As per the above Circular, delay can be condoned only where delay was due to the circumstances beyond the control of an Assessee together with appropriate documentary evidence. There is also no doubt that the Audit Report was ready as early as on 26.10.2018 which was received 12.11.2018 and therefore, Return ought to have been filed. 14. However, considering the fact that the Petitioner is a Primary Agricultural Cooperative Credit Society, the delay is required to be condoned as otherwise benefit of Section 80-P stands denied to a Primary agricultural Cooperative Credit Society which does not serve the cause of the society or its members who are dependent on it. 15. In any event, no Assessee gains by not delibe....