9911796707
TMI Blog2016 (10) TMI 358X X X X Extracts X X X X X X X X Extracts X X X X ..... handover an another set of documents to my Chartered Accountant's office for filing return”. The explanation offered by the petitioner cannot be accepted unless sufficiently strong reasons are shown. It would not be possible to find fault with the Revenue authorities in exercising powers under Section 119 of the Act. Routine, liberal and overindulgent approach in condoning delay would open floodgates of applications, completely throwing the tax assessment and recovery machinery out of gear. We may recall, the grounds raised by the petitioner for delay of nearly seven months were that Chartered Accountant's office lost the papers and therefore, could not file return and further, that due to the illness of his wife, he could not follow fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e was exempt in terms of the provisions contained in the Income Tax Act,1961 ['the Act' for short]. Realizing such mistake, the petitioner sought to file a revised return on 08.11.2012. He also moved an application dated 20.12.2012 citing reasons for filing late return and requested the authority to exercise powers under Section 119 of the Act and to treat the original return as having been filed in time and to accept the revised return. 3. Such application came to be dismissed by the respondent by an order dated 03.12.2014 stating that such petition cannot be accepted since there is no genuine and satisfactory reason for late filing of return. Thereupon, the petitioner filed the present petition. 4. Learned counsel for the pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ompletely throwing the tax assessment and recovery machinery out of gear. We may recall, the grounds raised by the petitioner for delay of nearly seven months were that Chartered Accountant's office lost the papers and therefore, could not file return and further, that due to the illness of his wife, he could not follow filing of return with the Chartered Accountant. 8. A minor or a few days' delay could perhaps be explained by suggesting that the Chartered Accountant's office lost the papers. The delay was substantial. Further, in the application that the petitioner filed, he only stated that his wife had some severe illness without specifying the nature of illness, its duration and the kind of treatment needed. These aspect ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
