Trina Group Limited Vs Chairman (Bombay High Court)
PAN allotted after ITR Due Date: Bombay HC Directs CBDT to Expedite Pending Section 119(2)(b) Condonation Application
Material Facts: The petitioner challenged a notice dated 28 March 2025 issued under Section 148A(1), an order dated 30 June 2025 under Section 148A(3), and a reassessment notice dated 30 June 2025 under Section 148, all relating to Assessment Year 2019-20. The notices proceeded on the basis that the petitioner was a non-filer of income tax returns. The petitioner, a UK-based company without direct business operations in India, had sold its entire stake in a Singapore company to a Spanish company. Since the Singapore company held a 91% stake in an Indian company, the transaction was treated as an indirect transfer under Section 9(1)(i) of the Income-tax Act, 1961. The petitioner applied for a PAN to file its return in India but received the PAN after the due date and thereafter filed an application under Section 119(2)(b) seeking condonation of delay.
Procedural History: The Revenue confirmed through its affidavit that the Section 119(2)(b) application, filed in 2022, remained pending before the CBDT.
Issue: Whether directions should be issued for expeditious disposal of the pending condonation application.
