2011 (1) TMI 1334 - HC - Income Tax

Summary

Issues involved:
The issues involved in the judgment are the petitioner's request for condonation of delay in filing returns, acceptance of the return, and grant of refund of tax amount.

Details of the Judgment:

Issue 1: Condonation of delay in filing returns and grant of refund

The petitioner, a Co-operative Society, sought condonation of delay in filing returns for the assessment year 1989-90 due to re-audit orders and court interventions. The respondent rejected the request, leading to this petition. The petitioner relied on a previous court decision emphasizing the duty of the Assessing Officer to process returns for tax exemption claims, regardless of filing time. The respondent argued that condonation of delay is limited to six years u/s the statute, beyond which only the Board can entertain the matter. A circular allowed condonation of delay for refund claims based on genuine hardship, with varying monetary limits for different authorities. The court noted the delay in seeking refunds due to re-auditing issues caused by the Department and the subsequent cancellation of re-audit orders by the court. The judgment clarified that the Assessing authority can condone delay for up to six years, beyond which the Board has the power. The petitioner was directed to approach the Commissioner of Income Tax for condonation of delay within the six-year limit for refund applications based on suffered losses.

Conclusion:

The court disposed of the writ petitions with the observation that the petitioner should approach the Commissioner of Income Tax within the six-year limit for condonation of delay in refund applications due to suffered losses.