TMI Blog2023 (2) TMI 973X X X X Extracts X X X X X X X X Extracts X X X X ..... would suffer - HELD THAT:- The petitioner has written on 02.01.2023, however the Board has not responded to this application for condonation of delay in filing the return of income for AY 2018-19 and 2019-20 u/s 119(2)(b) of the Act. There was a proposal on the part of the learned senior advocate Mr.Bhatt for the petitioners, seeking the directions against the respondent Board, for it to consider on expeditious basis the request for condonation of delay in filing the return of income for AY 2018-19 and 2019-20. Responding to the same, learned senior standing counsel Mr.Raval has taken instructions and has no objection to the matter being sent to the Board for its consideration and to be adjudicated at the earliest within a period of six ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 139(1) for AY 2019-20 was 31.10.2019. The same was filed on 30.11.2020 under Section 139(4) of the Act. 3. One Rassendra Chem Export Private Limited in the capacity of operational creditor preferred an application under Section 9 of the IBC for initiation of Corporation Insolvency Resolution Process ( CIRP for short) against the petitioner Corporation debtor before the NCLT, Ahmedabad. The moratorium was imposed while admitting the application under by the NCLT vide its order dated 12.11.2018 under Section 14 of the IBC. The corporate insolvency resolution process was initiated against the company, pursuant to this admission of the application. 4. Mr.Narayan Gajanan Vidvan was appointed as Interim Resolution Professional ( IRP ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the brought forward business losses. The same was processed under Section 143(1) on 22.09.2022. The demand was raised after disallowing the brought forward losses as the same was not filed within the time stipulated under Section 139(1) of the Act. 10. For AY 2021-22, the same was taken up for scrutiny and so called draft assessment order was served upon the petitioner company proposing the disallow the brought forward losses on the ground that the return for AY 2019-20 was furnished beyond the due date specified under Section 139(1) of the Act. 11. The petitioner sought adjournment to respond to such draft assessment order. The National Faceless Assessment Centre, without considering the adjournment request, passed final assessment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cide the applications filed under Section 119(2)(b) of the Act for AY 2018-19 and AY 2019-20 (Annexure-A and Annexure-B] within such time as deemed fit by this Hon ble Court. (b) Issue a writ, order or direction in the nature of mandamus to the respondent No.1 CBDT to accept the return of income for AY 2018-19 filed manually and decide the application under Section 119(2)(b) of the Act on its merits. (c) Pass any such other writ or order(s) as it may deem fit and proper in the interest of justice. 16. This Court issued notice on 17.01.2023 by passing the following order : The petitioners seek direction to the respondent No.1 Central Board of Direct Taxes to decide the applications dated 2nd January 2023 moved under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e month of January, inexplicable hardship, is being caused if the issue is not addressed well in time. He has also further submitted that what is sought is urgent addressal of the application and the petitioner is ready to approach the Board even while, this Court is considering the request for grant of prayers. Issue Notice to the respondents making it returnable on 6 th February, 2022. It is being made clear that the pendency of this petition shall not be a bar for the respondent to hear the pending application. Direct service is permitted. 17. We have heard learned senior advocate Mr.M.R. Bhatt assisted by learned advocate Ms.Shailee Joshi for the petitioners and learned senior standing counsel Mr.Nikunt Raval, as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o such orders, instructions or directions shall be issued- (a) so as to require any income- tax authority to make a particular assessment or to dispose of a particular case in a particular manner; or (b) so as to interfere with the discretion of the Deputy Commissioner (Appeals)] or the Commissioner (Appeals)] in the exercise of his appellate functions. Further, Section 119(2)(b) of the Income Tax Act, 1961 provides thus : (2) Without prejudice to the generality of the foregoing power,- (a) xxx (b) the Board may, if it considers it desirable or expedient so to do for avoiding genuine hardship in any case or class of cases, by general or special order, authorise any income- tax authority, not being a Deputy Co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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