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IN THE HIGH COURT OF ORISSA AT CUTTACK
HARISH TANDON, CJ., MURAHARI SRI RAMAN
Exim Infrastructure India Pvt. Ltd., Nizigarh, Sukinda – Appellant
Versus
Central Board of Direct Taxes, New Delhi – Respondent
| Table of Content |
|---|
| 1. petitioner's delay in filing income tax return. (Para 1 , 2) |
| 2. reference to legal precedents and circulars. (Para 3) |
| 3. department's counterarguments against delay condonation. (Para 4) |
| 4. court's review of pcit's decision. (Para 5 , 6) |
| 5. setting aside pcit's refusal for condoning delay. (Para 7) |
| 6. conclusion and order for granting relief. (Para 8) |
ORDER :
2. Having place of business at a remote village, Nizigarh in the district of Jajpur, the petitioner-company faced much hurdles on account of resignation tendered by the employees, who were handling accounts and income tax related compliances with quick succession, the petitioner could not furnish return for the Assessment Year 2024-25 within the period stipulated. However, after joining of the newly appointed employee, enclosing audited accounts along with all necessary particulars, return could be submitted. The petitioner filed a petition for condonation of delay explaining therein the hardship faced by the company and showed its bona fide.
| Sl. No. | Name of the Employee | Date of Joining | Date of Relieving |
| 1 | Abhisek Biswal | 15.05.2023 | 29.02.2024 |
| 2 | Giridhari Dey | 13.10.2023 | 31.07.2024 |
| 3 | Sakya Singh Swain | 18.07.2024 | 30.09.2024 |
| 4 | Linkan Pa |
Court emphasized that 'genuine hardship' in tax compliance should be assessed liberally, especially when unforeseen employee turnover disrupts timely filings.
The court established that genuine hardship under Section 119(2)(b) should be assessed liberally, allowing for condonation of delay in exceptional circumstances.
The court held that 'genuine hardship' in income tax condonation applications should be construed liberally to prevent injustice caused by technicalities, especially in cases involving medical emerge....
The court ruled that 'genuine hardship' should be construed liberally in tax law for condonation of delays, promoting substantial justice, especially when no liability exists.
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.
The Principal Chief Commissioner of Income Tax must consider genuine hardship when evaluating applications for condonation of delay in filing returns under Section 119(2)(b), and arbitrary refusals u....
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