9911796707
TMI Blog2025 (3) TMI 235X X X X Extracts X X X X X X X X Extracts X X X X ..... ary 2023 under Section 119 (2) (b) of the Income Tax Act, 1961, refusing to condone the delay in filing income tax returns for the assessment years 2017-18 and 2018-19. 4. Mr Jose Pulikkoden, the learned Counsel for the Petitioner submits that this was a case of genuine hardships as explained in the application for the condonation of delay filed on 23 November 2022. He pointed out that the financial position of the Petitioner company is not quite strong, and the business activities suffered considerably due to the Covid pandemic. He submitted that the Petitioner had candidly disclosed that a part-time accountant received the intimation of the notice of defective return, but the same was not brought to the notice of the directors for a cons ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ead, if the Petitioner is permitted to clear the defects in the original return already filed, then the Petitioner will not claim any interest on the refunds if such refunds are ultimately found due on the assessment or intimation. He submitted that this will address the department's concern about the Petitioner claiming interest on refunds. 8. The records show that this is a case where the Petitioner had filed the returns within the prescribed period. However, the returns were found to be defective, and the Petitioner was informed of the defective return. However, for reasons the Petitioner attributes to the part-time account, such intimation was not addressed, resulting in the delay. The explanation offered does not smack of any mala fid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... subject to its right of appeal, will have to pay the same to the Respondents. However, suppose any refund is found due to the Petitioner. In that case, the same will have to be granted to the Petitioner, though, without interest considering the statement now made by and on behalf of the Petitioner. Such assessment should be completed within one year from the Petitioner filling the cured returns. 12. If the Petitioner has any difficulties filling out the cured returns due to software issues, etc., the Jurisdictional Assessing Officer is directed to ensure that the portal is open to facilitate the filing and processing of such returns. In any event, if the difficulties persist, the Petitioner must be allowed to file the returns in physical f ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
