Subscribe to the Bombay Chartered Accountant Journal Subscribe Now!

January 2025

Return — Delay in filing return — Application for condonation of delay — Limitation — Period to be computed with reference to date on which return had been filed

By Keshav Bhujle | Ritu Punjabi, Advocates
Reading Time 2 mins

74 Vivek Krishnamoorthy vs. Pr. CIT [2024] 469 ITR 605 (Kar) A. Y. 2013-14 Date of order: 2nd November, 2023 S. 119 of ITA 1961

Return — Delay in filing return — Application for condonation of delay — Limitation — Period to be computed with reference to date on which return had been filed

The assessee had to file his Income-tax return before 31st March, 2015 but the Income-tax return was filed on 22nd August, 2015, and because Income-tax return was belated by about five months, an application was filed on 15th November, 2021 under section 119(2)(b) of the Income-tax Act, 1961, for condonation of delay in filing the Income-tax return. The application was rejected on the ground of limitation.

The assessee filed a writ petition against the order. The Karnataka High Court allowed the writ petition and held as under:

“i) In the case of a delay in filing an application to condone delay in filing returns according to the terms of Circular No. 9 of 2015 dated June 9, 2015 ([2015] 374 ITR (St.) 25) the period of six years will have to be computed with reference to the date when the belated Income-tax return is filed.

Download PDF

You May Also Like

Recovery of tax — Stay of recovery during first appeal — Requirement of deposit — Discretion to forgo requirement and grant stay — Debatable issue — Direction for stay of recovery proceedings without deposit

Trust — Educational institution — Registration — Validity — Application for registration erroneously made while charitable institution continued to be registered — Assessee permitted to withdraw application filed inadvertently: