The Tax Publishers2020 TaxPub(DT) 3889 (Ker-HC)

INCOME TAX ACT, 1961

Section 119(2)

Where application filed under section 119(2) for condonation of the delay in filing revised return was rejected on grounds that as first return filed by assessee was itself belated, he could not have filed a belated return under section 139(5), considering fact that delay was of only 42 days and through revised return, assessee was seeking credit of tax deducted at source on compensation received compulsory acquisition of land, there was no valid justification for rejection of request of assessee under section 119(2).

CBDT - Application under section 119(2) for condonation of the delay in filing revised return - First return filed by assessee was itself belated -

Assessee filed revised return for relevant assessment year (2014-15) and filed an application under section 119(2) for condonation of the delay in filing revised return. Application of assessee was rejected. Revenue alleged that as first return filed by assessee was itself belated, he could not have filed a belated return under section 139(5) and therefore, Pr.CIT could not consider request for a condonation of delay in filing revised return. Held: The delay that assessee sought to get condoned was only 42 days. Through revised return, assessee brought to notice of revenue, details of tax that was deducted at source from amounts received by assessee by way of compensation for land acquired from him during previous year relevant to the assessment year. There was no valid justification for Pr.CIT to reject request of assessee under section 119(2), more so when granting relaxation as prayed for by assessee would not have prejudiced interests of department in any manner.

REFERRED : Pala Marketing Co-operative Society Ltd. v. UOI & Ors. 2008 (1) KHC 637 : 2009 TaxPub(DT) 219 (Ker-HC).

FAVOUR : In assessee's favour.

A.Y. : 2014-15



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