9911796707
TMI Blog2016 (10) TMI 403X X X X Extracts X X X X X X X X Extracts X X X X ..... Board, the Commissioner gets jurisdiction to condone delay, only if the application for condonation of delay is filed within the six years from the last date of the end of the assessment year. Having regard to the aforesaid factual situation, it is apparent that the application for condoning the delay in respect of assessment year 2008-09, is alone within the six years period. Under such circumstances, it will only be appropriate to condone delay for filing return as far as the assessment year 2008-09 are concerned. Therefore, taking into account the over all factual circumstances involved in the matter, this writ petition is disposed of as under. (i) Ext.P10 order to the extent that the delay is not condoned for the assessment year ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... filing the return. 3. Perusal of Ext.P10 order would show that the Commissioner having taking note of the factual circumstances, observed that no satisfactory evidence or explanation was offered to substantiate the claim. 4. Ext. P5 is a notice issued by the Federal Bank on 16.2.2008 calling upon the petitioner to pay an amount of ₹ 6,48,704/- being the amount due to the Bank, failing which he was threatened with SARFAESI proceedings. By Ext.P6, the Commercial Tax Officer had cancelled the registration of the petitioner as per order dated 5.2.2009 under the Kerala Value Added Tax Act. Exts. P7 and P7 (a) are the judgments issued by the Judicial First Class Magistrate-I, Kannur, convicting the petitioner for the offence punishabl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce with law. 8. I had the occasion to consider almost a similar issue in M/s.Beta Cashews and Allied Products Pvt. Ltd v. The Commissioner of Income Tax . After referring to the judgments in Sitaldas K. Motwani v. Director General of Income Tax (International Taxation) Ors . [2010 (323) ITR 223] and Pala Marketing Co-operative Society Ltd v. Union of India [2009 (311) ITR 177] , it was held that when an assessee is suffering huge losses for over a period of time, it has to be assumed that they have genuine hardship and the genuine hardship can be redressed or avoided only on payment of the amount which is legally due to them. 9. In the case on hand as well, there are some materials to indicate that the assessee was under severe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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