The High Court rejected the condonation of delay in filing ...

Chartered Accountant's spouse illness delays filing tax returns; condonation granted.

Case Laws     Income Tax

September 12, 2024

The High Court rejected the condonation of delay in filing income tax returns, as the returns were handled by a Chartered Accountant who could not take timely steps due to ill health of his spouse. It was held that assessees are likely to depend on professional services of Chartered Accountants for maintaining accounts and filing returns. When a Chartered Accountant is engaged and there is genuine dependence on his services, personal difficulties causing delay in filing returns were beyond the control of the assessees. Such human factors require due consideration when it comes to compliance with time limits under the Income Tax Act, akin to courts condoning delay in filing legal proceedings. Disallowing an assessee to file returns is counterproductive to the object and purpose of tax laws. The delay was sufficiently explained, and the court directed the respondents to permit the petitioners to file returns with penalty, fees, and interest within two weeks.

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