Rajgrin Infralink's delay condonation plea allowed by Gujarat HC despite
The has ruled that a taxpayer’s application for in filing an income tax return can be examined on its merits even after an has been passed and an appeal against it is pending before the . The bench quashed the order rejecting the application of Rajgrin Infralink LLP, which sought condonation of a 25-day delay for Assessment Year 2020-21.
The case highlights the interplay between the for condonation under and the . The court’s decision removes a that could have prevented taxpayers from obtaining relief when —such as the COVID-19 pandemic—caused a delay in filing.
Background of the case
Rajgrin Infralink LLP was required to file its income tax return for Assessment Year 2020-21 by , under . However, the return was filed on —a delay of 25 days. The petitioner attributed the delay to the COVID-19 outbreak, a widely accepted ground for condonation during that period.
empowers the to condone delays in filing returns or making claims where failure to do so would cause to the assessee. This provision is distinct from the appellate remedy available under and is intended to provide a parallel, for relief.
The assessment and appeal
The return filed by Rajgrin Infralink was selected for scrutiny. The Assessing Officer passed an on under , which governs . In that order, the officer disallowed a deduction of ₹19,30,28,003 claimed under —a provision that offers tax benefits for eligible housing projects—on the sole ground that the return was filed late.
The petitioner challenged the assessment before the . The appeal covered both the disallowance and a separate disallowance of ₹19,19,37,063 relating to under-recognition of revenue. While that appeal was pending, Rajgrin Infralink filed an application on under Section 119(2)(b) seeking condonation of the delay in filing the return. The CBDT—through the delegated authority—rejected the application on without considering the merits.
The revenue’s objection
The Revenue opposed the before the , arguing that since an had already been passed and the petitioner had challenged it before the Commissioner (Appeals), the condonation application could not be entertained. The Revenue contended that the rendered the condonation request infructuous.
The bench, comprising Justice A.S. Supehia and Justice Vaibhavi D. Nanavati, specifically asked the Revenue whether the Commissioner (Appeals) had the power to condone the delay in filing the return. The Revenue fairly acknowledged that it did not. The court recorded that the power rested exclusively with the CBDT under Section 119(2)(b).
Court’s reasoning
The High Court rejected the Revenue’s objection, holding that the existence of an and a did not preclude examination of the condonation application. The court observed:
“We do not subscribe to the objection raised by the Revenue since it is an admitted position that the Commissioner of Income-tax (Appeals) does not have the power in condoning the delay and the remedy invoked by the petitioner by filing an application under Section 119(2)(b) of the Act reconciles with the statutory scheme of the Act.”
The bench emphasised that the two remedies—appeal and condonation—operate in different spheres. The appellate authority can only decide the correctness of the assessment on the basis of the return as filed; it cannot cure the defect of late filing. The condonation power, on the other hand, addresses the very of whether the return should be treated as validly filed.
The court also took note of its earlier judgment involving the same petitioner for Assessment Year 2021-22. In that case, the court had set aside a similar rejection after considering the COVID-19 circumstances and directed the authorities to reconsider the application. The earlier delay was only 13 days. The Revenue argued that the earlier judgment could not assist the petitioner because an had already been passed and an appeal was pending. The bench rejected that distinction, reiterating that the appellate authority lacked the power to condone the delay, and the petitioner had therefore approached the only authority empowered to grant such relief.
Directions issued
The quashed the order rejecting the petitioner’s application and set it aside in terms of its earlier judgment. The court directed the Commissioner (Appeals) to examine the disallowance of the ₹19,30,28,003 deduction claimed under on its merits and pass an appropriate order in accordance with law. This effectively means that once the delay is condoned, the return will be treated as filed on time, and the can be reconsidered on its .
Legal implications
The decision clarifies that the power to condone delay under Section 119(2)(b) is independent of the assessment and . Taxpayers who face —such as natural disasters, illness, or administrative disruptions—need not fear that the mere pendency of an appeal will bar them from seeking condonation. The ruling also underscores that the CBDT and its delegates cannot refuse to consider a condonation application simply because an has been passed.
For the legal community, the judgment serves as a reminder that the remedy under Section 119(2)(b) is a separate, that must be exercised in its own right. Practitioners advising clients on late-filed returns should consider filing a condonation application even after an is passed, provided the delay is due to and the appeal does not cover the delay issue.
Impact on tax litigation
The ruling may encourage more taxpayers to seek in filing returns, especially for assessment years affected by the pandemic. It also prevents the Revenue from using the pendency of an appeal as a shield to avoid considering hardship claims. The judgment is likely to be cited in similar cases across other High Courts, given the clarity it provides on the scope of Section 119(2)(b) and its relationship with appellate proceedings.
The ’s approach aligns with the principle that procedural rules should not operate as traps for the unwary, particularly when the delay is minimal and attributable to extraordinary circumstances. The decision reinforces the judiciary’s willingness to ensure that substantive tax benefits are not denied purely on technical grounds.
Conclusion
The ’s judgment in the Rajgrin Infralink case is a significant step in harmonising the statutory framework for with the . By holding that a does not bar consideration of a condonation application under Section 119(2)(b), the court has opened a viable path for taxpayers to cure filing defects and have their claims decided on merits. The ruling underscores the importance of the CBDT’s power to prevent and ensures that taxpayers are not left without a remedy when procedural timelines are missed due to no fault of their own.