Case Law Details
Bhatewara Associates Manik Vs Union of India (Bombay High Court)
Bombay High Court held that genuine hardship faced by the tax consultant which led to omission of timely filing of petitioner’s return sufficient cause for condonation of delay under section 119(2)(b) of Income Tax Act.
Facts- The petitioner under a joint venture with M/s. Sanghvi Premise Pvt. Ltd. developed a housing project which was entitled for deduction u/s 80IB(10) of the Income Tax Act. Deduction u/s 80IB(10) was duly granted for A.Y. 2010-11, 2012-13 and 2013-2014. However, in case of petitioner for A.Y. 2011-2012 the return of income remained to be filed in time by the Chartered Accountant.
It was submitted that the respective tax consultant overlooked the filing of ITR due to his son’s handicap coupled with innumerable medical emergencies in the year 2011.
The petitioner firm filed an application dated 11th October, 2019 u/s. 119 (2)(b) of the Act seeking condonation of delay in filing of the ITR for AY 2011-12 caused due to the said tax consultant, depriving the petitioner of a deduction of Rs. 2,42,88,917/- causing grave hardship to the said firm.
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