Gajanand Urban Co-operative Credit Society Limited. Vs PCIT (Gujarat High Court)
Gujarat High Court held that delay in filing of Income Tax Return due to technical glitches is duly condonable. Accordingly, order quashed and remanded back with direction to file return claiming deduction u/s. 80P of the Income Tax Act.
Facts- The petitioner is a Co-operative Society registered under the provisions of the Gujarat Co-operative Societies Act, 1961. Notably, the tax audit for F.Y. 2023-24 was conducted by M/s. Nangalia Gandhi and Company, Chartered Accountants and tax audit report was uploaded on the Income Tax Portal in Form-3CA and Form-3CD on 28th September, 2024. The petitioner also claimed the deduction u/s. 80P of the Act for Rs.26,42,135/-. However, Chartered Accountant of the petitioner could not file the return of income due to various technical glitches creating a confusion as to whether the return was properly filed or not.
The petitioner thereafter received an SMS dated 14.12.2024 from the Income Tax Department indicating that return was not filed. The petitioner therefore, immediately filed an application dated 16.12.2024 u/s. 119(2)(b) of the Act on 20.12.2024 with a prayer to condone the delay occurred in filing the return and seeking permission to file the return. However, the same was rejected. Being aggrieved, the present writ is filed.
