The Gauhati High Court listed the matter of challenge on condonation of delay under section 119(2)(b) of the Income Tax Act, 1961 for filing Form 10-IC on July 17. The Court directed to obtain instruction regarding the condonation power of Income Tax Authority to admit any application or claim for any exemption, deduction, refund or any other relief after the expiry of the period specified taking into consideration the hardship faced by the assessee.
Agnishanti Constructions Pvt Ltd, the Petitioner is aggrieved by the fact that the returns as required to be filed under Section 119(2)(b) of the Income Tax Act has been rejected on the ground of delay.
Counsel for the petitioner referred to Notification dated 23.10.2023 whereby a general Notification was issued for condonation of delay under Section of 119(2)(b) of the Income Tax Act, 1961 for filing of Form 10-IC for Assessment Year 2021-22.
It was submitted that admittedly there was a delay in filing the returns and therefore, the same was rejected by the competent authority, however referring to Section 119(2)(b) of the Income Tax Act, he submitted that the CBDT has the power to direct any Income Tax Authority to admit any application or claim for any exemption, deduction, refund or any other relief after the expiry of the period specified taking into consideration the hardship faced by the said assessee.
A single-member bench of Justice Soumitra Saikia let the Income Tax Department obtain instructions on the matter and listed the matter again after 3 (three) weeks. The Court listed the matter again on 17th July, 2024.
Mr. M. Khan appeared for the petitioner and Mr. S. Chetia Standing Counsel of the Income Tax Department.
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