Tiong Woon Project & Contracting Pte. Ltd. Vs Central Board of Direct Taxes (Madras High Court)
Madras High Court held that delay in filing returns of income and seeking refund thereof is condoned in terms coverage within the scope of the expression ‘genuine hardship’ in section 119(2)(b) of the Income Tax Act.
Facts- The petitioner is a company incorporated in Singapore and engaged in undertaking turnkey construction projects involving erection, installation and commissioning activities. In relation to three projects undertaken in AYs 2010-11, 2011-2012 and 2013-14, the petitioner approached the Authority for Advance Rulings (AAR) and such authority provided a ruling to the effect that income earned from the said three projects were not taxable in India.
With regard to three other projects relating to AYs 2012-13, 2013-14 and 2014-15, respectively, the petitioner once again approached the AAR on 11.04.2014 and requested for a ruling with regard to the tax liability in India of the petitioner. The due date for filing the return of income for AY 2012-13 was on 30.09.2012 and the extended deadline under Section 139(4) of the Income Tax Act, 1961 (the Income Tax Act) was on 31.03.2014. As regards the AY 2013-14, the due date was on 30.09.2013 and the extended deadline was on 31.03.2015.
