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2023 (4) TMI 638 - KARNATAKA HIGH COURTCondonation of delay in claiming refund based on Tax Deducted at Source [TDS] - permission to carry forward the same to the future assessment years - HELD THAT:- The receipt of advances and the deduction of under Section 195A as reflected in the corresponding Form 26AS filed but the TDS is not claimed under the impression that it is not required as the deduction is towards advance as against income which is realized only with the sale of the apartments when capital gains are offered during the assessment year 2021-22. The petitioner has declared the transaction, and a strong case of bonafide error in not claiming the benefit of TDS in the assessment year 2018-19 is established. Though the impugned order cannot be found fault with because of the ambiguous language employed by the petitioner, in the circumstances of the case, the impugned order must be quashed condoning the delay and permitting the petitioner to file revised returns within three months from the date of receipt of certified copy of this order. As the petitioner is being permitted to file revised returns on condonation of delay, if there is any occasion for the respondents to initiate proceedings u/s 143[2] for framing of assessment u/s 143[3] petitioner must be precluded from raising the defence of limitation. ORDER: - The petition is allowed, and the impugned order dated 14.09.2022 [Annexure-A] passed by the first respondent is quashed construing the petitioner's application dated 10.04.2022 as application for condonation of delay in filing the revised ROI u/s 139[5] permitting the petitioner to file such returns within three [3] months from the date of receipt of a certified copy of this order.
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