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2021 (12) TMI 312 - HC - Income TaxNot accepting revised return of the petitioner in violation of Section 139 - scheme of arrangement of the de-merger of the company conceived -time limit to file the revised return under Section 139(5) of the Act had expired - revised return pursuant to the demerger on account of the order of the NCLT - HELD THAT:- As the order of the NCLT had come on 17.03.2020 and therefore, it was not possible for the petitioner to so do it within time frame as set under Section 139(5) of the Act as the appointed date as per the order of the NCLT is fixed on 01.04.2017 the petitioner would be entitled to file the revised return and in wake of the decision of this Court in case of Principal Commissioner of Income- Tax & Others Vs. Babubhai Ramanbhai Patel [2017 (7) TMI 744 - GUJARAT HIGH COURT] the original return under Section 139(1) will pale into insignificance and would not survive. The respondent authority therefore ought to have considered the filing of revised return and as that has not been done, it is a clear breach of statutory provision, indulgence at the end of the Court is a must. Matter has travelled to this Court only because the revised return was not permitted beyond the prescribed time limit as set under Section 139 (5) of the Act. The Apex Court in case of DALMIA POWER LIMITED [2019 (12) TMI 991 - SUPREME COURT] when has categorically held and observed that Section 119 of the IT Act in such matters also would not be applicable and therefore, the least respondent authority could have done was to permit revised return. When the respondents have geared up to operate in the regime of electronic and faceless mode for conducting all its operations including the filing of returns document, hearing and assessment, it shall need to improvise the software and closely examine the difficulties experienced by the tax payers because of the limitation of the softwares which can easily be corrected to allow the revised return more particularly, when the law has been made quite clear by virtue of the direction of the Apex Court. Let the requisite care be taken expeditiously in improvising the software wherever necessary since its limitations would have direct bearing on the satisfaction of tendency to swell the Court litigation. The petitioner could have been saved from this ordeal, had such care been taken to permit the revised return in an electronic mode once the direction of the NCLT was communicated along with the decision of the Apex Court. Present petition is allowed and disposed of by quashing and setting aside the order passed by the respondent-authority dated 07.05.2021 under Section 143(3) read with Section 144B of the IT Act.
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