9911796707
TMI Blog2025 (3) TMI 814X X X X Extracts X X X X X X X X Extracts X X X X ..... irth Nayak (8563). For the Respondent(s) No. 1,2: Mr. Varun K. Patel (3802). ORAL ORDER (PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA) 1. This petition is filed with a prayer to quash and set aside the order dated 25.01.2024 issued by the respondent under section 119 (2) (b) of the Income Tax Act,1961 [for short 'the Act']. 2. Brief facts of the case are that the petitioner i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt Year 2021-21 within the prescribed period on account of Covid-19 Pandemic situation. 4. It is also the case of the petitioner that the return of income could be filed in 2023 but the same was not processed as it was filed belatedly. The petitioner thereafter preferred an application to condone the delay in filing return of income for A.Y. 2020-21 under section 119 (2) (b) of the Act. The respo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s justified in rejecting the application filed by the petitioner while exercising powers under section 119 (2) (b) of the Act. It was further submitted that the petitioner has also failed to show any sufficient cause to demonstrate that there existed genuine hardship for condonation of delay except stating that the petitioner is residing outside India and he could not come to India due to Covid-19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt cause for not filing return in time and the delay caused in filing return ought to have been condoned by the respondent while exercising the powers under section 119(2) (b) of the Act. 10. In view of the facts of the case before us, the petition is allowed. The impugned order dated 25.01.2024 is hereby quashed and set aside and the delay caused in filing return by the petitioner is ordered to ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
