9911796707
TMI Blog2003 (7) TMI 56X X X X Extracts X X X X X X X X Extracts X X X X ..... f by this common order. By order dated January 30, 2003, the Central Board of Direct Taxes has rejected the prayer of the petitioner for condonation of the delay in filing the application under section 119(2) of the Income-tax Act, 1961 (hereinafter referred to as "the Act") for refund. The matter relates to the assessment years 1993-94 and 1994-95. Admittedly, the petitioner had not filed the r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ies to dispose of the matter and, thereafter, the impugned orders have been passed (annexure 6 in both the writ applications). The only ground, on which the extension can be granted is genuine hardship. That has rightly not been defined under the Act. Whether there is genuine hardship or not depends upon the facts of each case and no fixed criteria in the strait jacket formula can be laid down fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... very low. There is no audit report enclosed with the return. In the balance-sheet, the assessee has shown unsecured loans and other finance as liabilities. The late filing of return apparently indicates that the assessee has manipulated his accounts and has prevented scrutiny assessment by the Department." The power of this court to interfere with the order of the authority is well-settled and n ..... X X X X Extracts X X X X X X X X Extracts X X X X
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