9911796707
TMI Blog2024 (10) TMI 752X X X X Extracts X X X X X X X X Extracts X X X X ..... ome. Although the petitioner asserted in the application that the return was received only on 31.12.2019, the said aspect was not taken cognizance of in the impugned order. As asserted both in the application u/s 119(2)(b) of the Income Tax Act and in the affidavit before this Court that such audit report was only received in December 2019. Even after extension, the time limit for filing the return of income for the relevant assessment year expired on 31.10.2019. Therefore, the petitioner was clearly not in a position to file the return of income within time. Although the explanation of the petitioner that the report was received only in December 2019 is not corroborated by evidence, by taking into account the nature of the petitioner's ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he stipulated period. The COVID 19 pandemic intervened thereafter in March 2020 and the petitioner filed its return of income on 30.06.2020. Since the return was belated, an application was filed under Section 119(2)(b). Such application was rejected by order dated 29.12.2023. 3. Learned counsel for the petitioner invited my attention to the application filed by the petitioner and pointed out that the petitioner stated therein that the audit report was received only on 31.12.2019, which is beyond the due date under Section 139(1) of the Income Tax Act. Learned counsel further submitted that the petitioner is a small co-operative credit society with an annual turnover of about Rs. 1.2 lakhs. Therefore, it is submitted that the petitioner wou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... delay have to be proved and established. In view of the vague assertions, absence of details and adequate proof, the condonation sought lacks merit. 6. It is no doubt true that the petitioner had not placed evidence of the date of receipt of the audit report. However, it was asserted both in the application under Section 119(2)(b) of the Income Tax Act and in the affidavit before this Court that such audit report was only received in December 2019. Even after extension, the time limit for filing the return of income for the relevant assessment year expired on 31.10.2019. Therefore, the petitioner was clearly not in a position to file the return of income within time. Although the explanation of the petitioner that the report was received on ..... X X X X Extracts X X X X X X X X Extracts X X X X
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