9911796707
TMI Blog2023 (11) TMI 126X X X X Extracts X X X X X X X X Extracts X X X X ..... ms that the deductions will be inadmissible if the delay in filing the ITR is condoned. This would be crucial because it remains redoubtable that in the peculiarities of each case, the concerned, in exercise of powers conferred under Section 119(2)(b) of the IT Act could condone the delay in filing ITR beyond the due date contemplated under Section 139(1). This Court must also refer to the Circular dated 26.07.2023 in No. 13/2023 issued by the Central Board of Direct Taxes on condonation of delay in filing ITR and allowing deductions under Section 80P of the IT Act for various assessment years starting from 2018-19. The petitioner had to file ITR on or before 31.10.2018 in terms of Section 139(1) of the IT Act, and because of the prov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e expiry of three months now provided for viz., 31.03.2024. - HON'BLE MR JUSTICE B M SHYAM PRASAD For The Petitioner (By Sri. Shreehari Kutsa, Advocate) For The Respondents (By Sri. K.V. Aravind, Advocate Along With Sri. Sushal Tiwari, Advocate ) ORDER The petitioner, a co-operative society registered under the Karnataka Co-operative Societies Act, 1959 is aggrieved by the third respondent's order dated 23.05.2023 under Section 119(2)(b) of the Income Tax Act, 1961 [for short, 'the IT Act]. The petitioner has also incidentally called in question the intimation dated 31.05.2019 issued under Section 143(1)(a) of the IT Act and the letter for recovery dated 23.11.2020. 2. The facts necessary for deci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d. The third respondent has rejected the petitioner's request for condonation of delay in the light of the Assessing Officer's report as aforesaid by reason, which reads as under: The facts of the case petition of assessee have been examined. Section 119(2)(b) permits admission of a claim for avoiding genuine hardship . The petition does not show that the default in complying with the requirement of law was due to circumstances beyond the control of the assessee. The assessee has neither proven any hardship caused to him, nor the circumstances which prevented them from filing the return of income within the permissible time limits . 4. This Court has granted interim order on 07.09.2023. Sri. Shreehari Kutsa, the l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder sub-section (1) of Section 139 of the IT Act. The provisions of Section 80AC of the IT Act do not stipulate in express terms that the deductions will be inadmissible if the delay in filing the ITR is condoned. This would be crucial because it remains redoubtable that in the peculiarities of each case, the concerned, in exercise of powers conferred under Section 119(2)(b) of the IT Act could condone the delay in filing ITR beyond the due date contemplated under Section 139(1). 7. This Court must also refer to the Circular dated 26.07.2023 in No. 13/2023 issued by the Central Board of Direct Taxes on condonation of delay in filing ITR and allowing deductions under Section 80P of the IT Act for various assessment years starting from 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed to opine that the petitioner must be refused indulgence as against the third respondent's impugned order on the grounds urged on behalf of the respondents if this Court is of the opinion that both sufficient reasons and hardship are established for condonation of the delay. 9. The petitioner had to file ITR on or before 31.10.2018 in terms of Section 139(1) of the IT Act, and because of the provisions of Section 139(1) of the IT Act, the ITR could have been filed until 31.12.2018. The petitioner has filed the ITR on 31.12.2018. There is no dispute that the elections to the Managing Committee is held on 27.01.2019. This Court must observe that elaborate electoral processes such as finalization of voters list are contemplated under ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
