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TMI Blog2024 (9) TMI 22X X X X Extracts X X X X X X X X Extracts X X X X ..... b) of the Act dated 28.06.2024 for the assessment year 2018-19 vide DIN ITBA/COM/F/17/2024- 25/1066419834(1) (Annexure-G) and condone the delay of 11 days in filing the return of income. b. This Hon'ble Court may be pleased to issue such other reliefs or reliefs as this Hon'ble Court deems fit, in the interest of justice and equity." 2. Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record. 3. The petitioner-Society filed Income Tax returns for the Assessment Year 2018-19 on 10.11.2018, which was followed by an intimation dated 02.07.2019 issued by the respondent under Section 143(1) of the Income Tax Act, 1960 (for short "the I.T. Act") as well as the order dated 09.09.202 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the petitioner would unconditionally withdraw the appeal filed by the petitioner. 5. Per contra, learned counsel for the respondent submits that there is no merit in the writ petition and that the same is liable to be dismissed. 6. As rightly contended by learned counsel for the petitioner in M/s. Sullia Taluk Womens Multi Purpose Cooperative Society Limited Vs. the Deputy Commissioner of Income Tax and others - W.P.No.19531/2023 dated 21.09.2023, this Court held as under: "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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... return filing in all the previous year and subsequent years. The denial of deduction u/s 80P(2)(a)(i) would result in undue hardship an affect the members of the society who are from rural background." 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e impugned order. 6. The embargo on the admissibility of deductions under Chapter VIA, in view of the provisions of Section 80AC, is if the ITRs are not filed before the due date specified under 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ise, this aspect will be considered by the Courts depending on the circumstances of each case, when a case for condonation of the delay is established. As such, this Court is not persuaded 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 31.05.2019 as per Annexure-E is also quashed. [B] The respondents shall be entitled for limitation for the purposes of Section 143(2) of the IT Act from 31.12.2023. It is clarified that the timeline for completion of the assessment will have to be necessarily reckoned from the expiry of three months now provided for viz., 31.03.2024. Consequentially, the demand dated 31.05.2019 as per Annexure-E is also quashed". 7. As can be seen from the aforesaid order, by virtue of the Circular dated 26.07.2023, the petitioner would be entitled to the benefit of Section 80P of the I.T. Act. So also, the reasons assigned in the impugned order for the purpose of refusing to condone the delay are clearly illegal and arbitrary, warranting interfe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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