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Mrs. Leena R. Phadnis Versus The Commissioner of Income Tax-I, Thane and Others

2016 (6) TMI 645 - BOMBAY HIGH COURT

Application 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 ap .....

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ion 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 i .....

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Mr. Suresh Kumar P.C: This Petition by a senior citizen under Article 226 of the Constitution of India assails the order dated 10th February, 2012 passed under Section 119 (2) (b) of the Income Tax Act, 1961 (the Act), by the Commissioner of Income Tax, Thane. By the impugned order, the Petitioner's application for condonation of delay in filing the revised return of income for Assessment Year 200809, has been rejected. This, the Petitioner submits causes grave injustice and hardship, as th .....

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her on a retirement from the SBI under the Exit Option Scheme, is exempted under Section 10(10C) of the Act. (c) On 24th March, 2010, the return of income was processed under Section 143 (I)of the Act. By intimation, her claim for exemption under Section 10(10C) of the Act, was disallowed. (d) Thereafter, Petitioner learnt that the benefit of Section 10(10C) of the Act was being extended by the Revenue to various exemployees of SBI who had opted for VRS under the Exit Option Scheme just as the .....

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her revised return of income for the Assessment Year 200809 on 30th March, 2013, the time to file a revised return had expired. In the above view, the Petitioner made an application under Section 119(2)(b) of the Act to the Principal Commissioner of Income Tax, Thane, claiming that the revised return of income though filed beyond a period of limitation, be entertained, as otherwise it would cause genuine hardship to her. 4 The Commissioner of Income Tax,Thane by the impugned order dated 10th Fe .....

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s hereby rejected. 5 It would, therefore, be noticed that the Principal Commissioner of Income Tax in the impugned order was satisfied that the Petitioner would face genuine hardship if the revised application is not entertained. However, same has been rejected on the ground that the CBDT has not issued specific instructions, directing the Department to extend the period of limitation in case of where revised return of income as filed beyond a period of limitation in case of exemployees of SBI. .....

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