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2019 (1) TMI 1140 - HC - Income TaxCondonation of delay of 37 days in filing the return - reasons assigned by the respondent for belatedly filing the return - difference of opinion between the auditor and the auditee - genuine hardship - assessee's case is that the auditors appointed by them initially were delaying the process of audit completion without proper reasons inspite of providing expert valuation report from other professional firm to satisfy their concerns Held that:- The respondent cannot appoint a new auditor without getting a No Objection Certificate from the existing auditor and therefore, the respondent after getting No Objection Certificate from the erstwhile auditor had uploaded the Return of Income along with the Tax Audit Report on 07.01.2015 and by then, there was a delay of 37 days. Further, the learned Writ Court rightly pointed out that by the delayed submission of Return of Income, the respondent does not stand to benefit in any manner whatsoever. Thus, the learned Writ Court was satisfied that the explanation given by the respondent was sufficient for condonation of delay of 37 days in filing the Return of Income and such a delay should not defeat the claim of the respondent. We have also seen the reasons assigned by the respondent for belatedly filing the return. As rightly pointed out by the learned Writ Court, no assessee would stand to benefit by filing the return belatedly. Writ Court on facts, rightly held that the delay of 37 days in filing the Return of Income along with the Audit Report is condonable. The observations made by the first appellant in the order dated 01.06.2016 largely pertained to the respondent's eligibility to carry forward the loss claimed by them in the return of income. Further, the first appellant in the order dated 01.06.2016 has made an observation that if the reasons given by the assessee is accepted as a valid ground it may encourage other tax payers to follow suit. The appellants need not have any apprehension in that regard because exercise of discretion for the purpose of condonation of delay can be only based on the facts and circumstances of each case and therefore, there can be no set precedent on such issues. Delay condoned - Decided against revenue
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