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2018 (3) TMI 1704 - HC - Income TaxDelay in filing return of income by 37 days - bonafide reasons of delay - due date for filing of the Return Of Income, in case of assessee having specified international/domestic transactions - Auditors were delaying the process of audit completion without proper reasons inspite of the petitioner providing expert valuation report from other professional firm to satisfy their concerns - appointment of new auditors wich took time due to no NOC recived from previous auditors - Held that:- It is pertinent to note that the petitioner cannot appoint an alternative Auditor without getting the written letter/NOC from the existing Auditor. Thereafter, after getting NOC from the erstwhile Auditor, the petitioner uploaded the Return Of Income along with the Tax Audit Report on 07.01.2015, hence, there was a delay of 37 days in filing the Return Of Income. By delaying the submission of the Return Of Income, the petitioner did not stand to benefit in any manner whatsoever. The petitioner had satisfactorily explained the reasons for the delay in filing the Return Of Income, the approach of the 1st respondent should be justice oriented so as to advance the cause of justice. The delay of 37 days in filing the Return Of Income should not defeat the claim of the petitioner. In the case of the petitioner failing to explain the reasons for the delay in a proper manner, in such circumstances, the delay should not be condoned. But, when the petitioner has satisfactorily explained the reasons for the delay of 37 days in filing the Return Of Income, the delay should be condoned. Since the petitioner has satisfactorily explained the reasons for the delay in a proper manner, it is of the considered view that the 1st respondent should have condoned the delay of 37 days in filing the Return Of Income along with the Audit Report.
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