9911796707
TMI Blog2023 (6) TMI 743X X X X Extracts X X X X X X X X Extracts X X X X ..... 6 years from the end of assessment year for which such application / claim is made. Even if there was some hardship to petitioner and the delay upto 27th December 2000 could be attributed due to reasons beyond the control of petitioner due to books of accounts and other documents required for preparing return of income not being available, as noted earlier, the special audit and audit u/s 44AB got over on 27th December 2000 and 28th December 2001, respectively and return of income was filed on 5th February 2002 but strangely the condonation of delay application itself has been filed only on 26th February 2018 and, therefore, the CBDT has decided not to entertain the condonation of delay application. In a similar matter, this court in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elevance because that was relating to question of refund of sales tax paid and the delay was about 3 and years. In the case at hand, the delay is of more than 16 years after filing the returns. 2. By the impugned order, petitioner s application for condonation of delay of 3 years, 2 months and 6 days in filing the original return for AY- 1998-1999 seeking to carry forward loss of Rs. 3,69,05,553/- came to be rejected. Petitioner filed an application dated 26th February 2018 with CBDT under Section 119(2)(b) of the Act for condonation of delay in filing the return of income for AY- 1998-1999. Petitioner had filed its original return of income beyond the stipulated period of 5th February 2002 claiming carry forward loss of Rs. 3,69,05,55 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lable, as noted earlier, the special audit and audit under Section 44AB got over on 27th December 2000 and 28th December 2001, respectively and return of income was filed on 5th February 2002 but strangely the condonation of delay application itself has been filed only on 26th February 2018 and, therefore, the CBDT has decided not to entertain the condonation of delay application. Moreover, in a similar matter, the Division Bench of this court in Ganesh Sahakari Bank Ltd. Vs. Government of India (2019) 106 taxmann.com 62 (Bombay) held that apart from delay in filing the return, petitioner also has to demonstrate why application for condonation of delay could not be filed. In that case, the delay was only of 6 years, whereas in the case ..... X X X X Extracts X X X X X X X X Extracts X X X X
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