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2016 (6) TMI 645 - HC - Income TaxApplication under Section 119(2)(b) - condonation of delay - Claim for exemption under Section 10 (10C) denied - amount received on voluntarily retirement from the State Bank of India (SBI) - whether the revised return of income though filed beyond a period of limitation, be entertained, as otherwise it would cause genuine hardship to assessee? - Held that:- We note that Section 119(2)(b) of the Act is very clear. Under the above provision, the Authority concerned has to apply his mind to the application before him and if he finds that not granting of the application would result in genuine hardship, than the application is to be allowed by condoning the delay. The merits of the application is not the subject of consideration at this stage. We find that the impugned order has come to a conclusion that not granting of the application to entertain the revised return of income,would lead to a genuine hardship to the Petitioner. This alone is sufficient for the purpose of allowing application under Section 119(2)(b) of the Act, as this is the only requirement. There is no requirement of any specific instructions being issued by the CBDT to the Income Tax Department to entertain the revised return of income in case of exemployee of SBI filed after expiry of period of limitation. In the above view, the delay on the part of the Petitioner in filing revised return of income would lead to genuine case of hardship as made out by the Petitioner. Prohibition to grant of any interest while condoning the delay - Held that:- In this case in the return of income originally filed exemption under Section 10 (10C) of the Act was claimed but disallowed by intimation under Section 143(1) of the Act. The Petitioner had accepted the same. Thus, it would be appropriate that no interest be granted in this case.
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