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Income Tax - Highlights / Catch Notes

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HC granted relief to petitioner seeking condonation of delay in ...


Director's Family Health Issues and Company Challenges Lead to Acceptance of Delayed Tax Return Under Section 139(5)

February 20, 2025

Case Laws     Income Tax     HC

HC granted relief to petitioner seeking condonation of delay in filing revised income tax return under s.139(5). Court considered multiple factors including director's personal circumstances (family issues, mother's illness requiring spine surgeries), company's operational challenges (ERP implementation, high staff attrition), and management's inability to detect incorrect figures until s.142(1) notice. Finding these human factors and fortuitous circumstances compelling, HC quashed original order dated 21/09/2023. Respondents directed to accept returns with applicable penalties, fees and interest within two weeks of order copy availability. Court emphasized necessity of considering human elements when evaluating statutory time limit compliance under IT Act.

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