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2024 (1) TMI 950 - HC - Income TaxCondonation of delay for filing revised return u/s 119(2)(b) - scope of 'genuine hardship’- as alleged no tax or stamp duty was payable on any award or agreement that was made under the provisions of the Right to Fair Compensation Act - only reason for rejecting the application as we see is, “the assessee has not submitted any genuine hardship is caused due to delay in the application. Therefore, the application of the assessee for condonation of delay would not be entertained.” - HELD THAT:- There cannot be a straight jacket formula to determine what is genuine hardship. In our view, certainly the fact that an assessee feels he has paid more tax than what he was liable to pay will certainly cause hardship and that will be certainly a ‘genuine hardship’. As relying on Optra Health Pvt. Ltd. case [2023 (12) TMI 1094 - BOMBAY HIGH COURT] the phrase ‘genuine hardship’ used in Section 119(2)(b) of the Act should be considered liberally. Respondent should keep in mind, while considering an application of this nature, that the power to condone the delay has been conferred to enable the authorities to do substantial justice to the parties by disposing the matters on merits. While considering these aspects, the authorities are expected to bear in mind that no applicant stand to benefit by lodging delayed returns. Refusing to condone the delay can result in a meritorious matter being thrown out at the very threshold and cause of justice being defeated. As against this, when the delay is condoned, the highest that can happen is that a cause would be decided on merits after hearing the parties. Thus Delay in filing revised returns is condoned.Respondent shall open the portal within two weeks from today to enable Petitioner to file revised returns.The concerned Authority may pass such order as it deems fit in accordance with law. All rights and contentions of parties are kept open. Authority shall decide the issue whether the petitioner’s case that the award/compensation that it received under the Right to Fair Compensation Act is taxable or otherwise.
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