9911796707
TMI Blog2025 (2) TMI 653X X X X Extracts X X X X X X X X Extracts X X X X ..... as well as the audit reports were filed on 14.02.2021. Therefore, the returns were filed on time in accordance with the provisions of Section 139 of the Income Tax.
By citing the reasons of delay without considering the notification issued by the Central Board of Direct Taxes (CBDT) for extending time limitation for filing of report and returns before 31.03.2022, the impugned order came to be passed by disallowing the expenses and consequential demand was also made against the petitioner.
Hence, the impugned order is set aside and a direction is given to the respondent to remove the consequential demand against the petitioner and open the E portal for uploading the reports, if any. X X X X Extracts X X X X X X X X Extracts X X X X ..... learned counsel for the petitioner. Since the petitioner committed several mistakes though stating Covid pandemic as a reason, he has not filed the IT returns and the audit report within the due date and therefore, they disallowed the expenses and issued consequential demand against the petitioner. He has referred to paragraph 7 of the counter affidavit which reads as follows: "7. ...Due to COVID -19 pandemic the date for AY 2020-21 extended till 15.02.2021. In the return of income filed, the petitioner has claimed Exemption u/s. 1 of I.T. Act. The disallowance of expenses was made since the petitioner did not comply with the provisions of Section 12A(1)(b) of I.T. Act, in so far as, it failed to file audit report in Form 10B before one m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it petition. 4. Heard both sides and perused the records. 5. It is clear that the reports were filed on 14.02.2021 and the due date for filing the reports under Section 139 of the Income Tax Act is 31.10.2020 and audit report was on 30.09.2020 and the above due dates were extended due to Covid according to TOLA Act till 31.03.2021. In the present case, the reports as well as the audit reports were filed on 14.02.2021. Therefore, the returns were filed on time in accordance with the provisions of Section 139 of the Income Tax. By citing the reasons of delay without considering the notification issued by the Central Board of Direct Taxes (CBDT) for extending time limitation for filing of report and returns before 31.03.2022, the impugned or ..... X X X X Extracts X X X X X X X X Extracts X X X X
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