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M. RAJAN Versus PRINCIPAL COMMISSIONER OF INCOME TAX, CALICUT AND OTHERS

2016 (10) TMI 403 - KERALA HIGH COURT

Condonation of delay - whether the Commissioner was justified in denying an application to condone the delay in accepting the returns? - Held that:- There are some materials to indicate that the assessee was under severe financial crises. He had to close down his business, his registration under the Kerala Value Added Tax Act has been cancelled, he was involved in cases for dishonour of cheques. These are all materials which ought to have been considered for the purpose of arriving at a conclusi .....

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six years period. Under such circumstances, it will only be appropriate to condone delay for filing return as far as the assessment year 2008-09 are concerned. Therefore, taking into account the over all factual circumstances involved in the matter, this writ petition is disposed of as under. - (i) Ext.P10 order to the extent that the delay is not condoned for the assessment year 2008-09 is set aside. - (ii) The delay in filing the return for the year 2008-09 is condoned. - (iii) Th .....

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h the Commissioner of Income had rejected an application filed under Section 119 (2) (b) of the Income Tax Act, 1961, inter alia observing that the assessee does not have any genuine financial hardship and he could justify or produce any evidence for the delay in filing the return of income. 2. The main contention urged by the petitioner is that the delay in filing return for the assessment year 2007-08 and 2008-09 was due to the fact that the petitioner had to close down his business. Thereafte .....

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that no satisfactory evidence or explanation was offered to substantiate the claim. 4. Ext. P5 is a notice issued by the Federal Bank on 16.2.2008 calling upon the petitioner to pay an amount of ₹ 6,48,704/- being the amount due to the Bank, failing which he was threatened with SARFAESI proceedings. By Ext.P6, the Commercial Tax Officer had cancelled the registration of the petitioner as per order dated 5.2.2009 under the Kerala Value Added Tax Act. Exts. P7 and P7 (a) are the judgments is .....

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itled to get refund of tax and on account of which, genuine hardship will be caused to him. 6. On the other hand, the learned counsel appearing for the Department supports the stand taken by the Commissioner. It is stated that though several documents have been produced, there is no material to justify the gross delay in filing the return. 7. The issue that arises for consideration is whether the Commissioner was justified in denying an application to condone the delay in accepting the returns. .....

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is Act for making such application or claim and deal with the same on merits in accordance with law. 8. I had the occasion to consider almost a similar issue in M/s.Beta Cashews and Allied Products Pvt. Ltd v. The Commissioner of Income Tax. After referring to the judgments in Sitaldas K. Motwani v. Director General of Income Tax (International Taxation) & Ors. [2010 (323) ITR 223] and Pala Marketing Co-operative Society Ltd v. Union of India [2009 (311) ITR 177], it was held that when an as .....

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