TMI Blog2020 (2) TMI 1096X X X X Extracts X X X X X X X X Extracts X X X X ..... belatedly on 7.1.2009 and 20.11.2009. By filing the returns belatedly, the petitioner did not gain anything. On the contrary, the petitioner risked losing the benefit of deduction under Section 10 B of the Income Tax Act, 1961. An assessing officer has no powers to condone the delay in filing returns under Section 139 (1) of the Income Tax Act, 1961 for allowing deduction under Section 10 B of the Income Tax Act, 1961 . Therefore, mandatory it was for the petitioner to have filed the returns in time to claim deduction under Section 10B of the Act. Only the 2nd respondent has been vested with the powers to grant relaxation, if strict application of any provisions of the Income Tax Act, 1961 results in denial of any legitimate benefit w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 10 B of the Income Tax Act, 1961. In case, the petitioner is otherwise entitled to the benefit of the deduction under the aforesaid provision but for the delay in filing the returns, the second respondent is directed to allow the benefit and pass appropriate orders is in accordance with law. - Writ Petition Nos.39208 and 39209 of 2015 And W.M.P.Nos.1,2 and 2 of 2015 - - - Dated:- 31-1-2020 - Mr. Justice C. Saravanan For the Petitioner : Mr. A.S.Sriraman For the Respondents : Mr.D.Prabhu Mukunth Arunkumar, Jr.Standing Counsel for M/s Hema Muralikrishnan Standing counsel COMMON ORDER Heard the learned counsel for the petitioner and the respondents. By this common order, both the writ petitions are being d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... enefit of deduction under Section 10B of the Income Tax Act, 1961 on the Assessment Order. 7. It is further submitted that the 2nd respondent ought to have been liberal and condoned the delay under Section 119 (2) (b) of the Income Tax Act, 1961 as legitimate export incentive that are otherwise available to it stands denied. 8. It is submitted on behalf of the petitioner that the petitioner relied on the advice of the Chartered Accountant right from the inception and considering the volume and nature of transactions and since audited their data could not be retrieved in time, a delay occurred in filing the returns in time. 9. It was further stated that the petitioner had filed the returns for the subsequent financial years in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etitioner had deliberately delayed the filing of the returns and has wrongly stated that the accounts were hacked without any direct proof substantially the same. 14. I have considered the arguments advanced on behalf of the petitioner and the respondents. 15. The petitioner had filed a petition under Section 119 (2)(b) of the Income Tax Act, 1961 before the 2nd respondent with the request to condone the delay in filing the returns under Section 139 of the Income Tax Act, 1961. 16. The petitioner was thereafter issued with a notice by the 2nd respondent on 18.9.2015 to show cause as to why the said application filed by the petitioner should not be rejected as during the course of the audit on 23.3.2010 it was noticed that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s for the petitioner to have filed the returns in time to claim deduction under Section 10B of the Act. Only the 2nd respondent has been vested with the powers to grant relaxation, if strict application of any provisions of the Income Tax Act, 1961 results in denial of any legitimate benefit which may otherwise be available to an assessee. 22. It is for this very purpose, the 2nd respondent has been given powers to mitigate the hardship to assessees. Thus, the 2nd respondent may therefore by a general or a special order authorise any income tax authorities ( other than Commissioner (Appeals)) to admit an application for claim for any exemption, deduction, refund or any other relief under the Act after the expiry of the period specified ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er belatedly for the purpose of grant of deduction under Section 10 B of the Income Tax Act, 1961. 26. In case, the petitioner is otherwise entitled to the benefit of the deduction under the aforesaid provision but for the delay in filing the returns, the second respondent is directed to allow the benefit and pass appropriate orders is in accordance with law. 27. Since the dispute pertains to the assessment years 2008-09 and 2009-10, the 5th respondent is therefore requested to pass appropriate orders and finalise the assessment within a period of three months from the date of receipt of copy of this order after due notice to the petitioner and after hearing the petitioner. 28.The writ petitions stand disposed with the above ..... X X X X Extracts X X X X X X X X Extracts X X X X
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