ORAL JUDGMENT

(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)

1. RULE returnable forthwith. Learned Senior Standing Counsel Mr.Karan Sanghani for the respondent waives service of notice of rule on behalf of respondent.

2. By way of present petition, the petitioner has prayed for directions for setting aside the order dated 27.10.2023 rejecting the application of the petitioner for condonation of delay in filing the return of income for the Assessment Year- 2021-22 under the provisions of Section 119(2)(b) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’ for short).

3. The petitioner is a Limited Liability Partnership (LLP) engaged in the real estate development business in Surat. Due date of filing the Return of Income for Assessment Year (AY) 2021-22 under section 139(1) of the Act was 31.10.2021. Due to COVID-19 outbreak the same was extended to 15.03.2022 vide Notifications dated 20.05.2021, 09.09.2021 and 11.01.2022. The petitioner filed the return of income of AY 2021-22 on 28.03.2022 offering income at Rs.4,56,17,090/-.

3.1 As there was a delay in filing return of income, deduction of Rs.4,35,00,000/- under Section 80IBA of the Act was not allowed in the Intimation is