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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
BHARGAV D.KARIA, PRANAV TRIVEDI
P. Kavin And Company – Appellant
Versus
Principal Commissioner Of Income Tax-1, Surat – Respondent
| Table of Content |
|---|
| 1. mistakes in tax audit reporting. (Para 4) |
JUDGMENT :
BHARGAV D. KARIA, J.
1. Heard learned Senior Advocate Mr.Tushar Hemani with learned advocate Ms.Vaibhavi K. Parikh for the petitioner and learned Senior Standing Counsel Mr.Karan G. Sanghani for the respondent.
2. Rule, returnable forthwith. Learned Senior Standing Counsel Mr.Karan Sanghani waives service of notice of rule for and on behalf of the respondent.
3. Having regard to the controversy arising in this petition in narrow compass, the same is taken up for hearing with the consent of the learned advocates for the respective parties.
4. The brief facts of the case are as under :
4.1. The petitioner is a partnership firm and obtained Tax Audit Report for the year under consideration under Section 44AB of the INCOME TAX ACT , 1961 (for short ‘the Act’) on 25.09.2018 which was duly uploaded on the Income Tax portal on the 25.09.2018 and the petitioner filed return of income on 25.09.2018 for the year under consideration declaring total income at Rs.39,98,720/-.
4.2. It is the case of the petitioner that after taking credit of Tax Deducted at Source (for short ‘the TDS’), the petitioner was eligible for refund of Rs.
The court ruled that technical errors in financial reporting should not bar refund claims, emphasizing the importance of considering genuine hardship in condoning delays in revised tax returns.
Court emphasized that 'genuine hardship' in tax compliance should be assessed liberally, especially when unforeseen employee turnover disrupts timely filings.
The court ruled that minor corrections in tax returns should not hinder processing, emphasizing the need to consider genuine hardship in applications for condonation of delay.
Application for refund', in this case is the return which was not processed as it was filed beyond the time specified in Section 139 of the Act.
Compliance with statutory requirements under Income Tax Act is essential even if a party claims misunderstanding; genuine hardship must be assessed to condone filing delays.
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