This writ petition challenged an order rejecting an application filed by the petitioner u/s.119(2)(b) of the Income Tax Act, 1961 seeking condonation of delay of nine months in filing the revised Income Tax Return (ITR).
A Division Bench of the Delhi High Court was not convinced with the arguments on behalf of the petitioner. The petitioner’s counsel argued that the earlier ITR was not filed properly but with errors wherein the loss from business was shown as a speculative loss and this was sought to be corrected by filing a revised ITR with an application u/s.119(2)(b) of the Income Tax Act. It was further argued that the petitioner was a non-resident Indian which also resulted in delay in filing the revised ITR.
The Bench held that “nine months is a very huge period” and further found the arguments “not appealing as e-portal was accessible globally”.
The Bench further held –
“8. We have been informed that the petitioner is the President of a Trust that runs a Hospital at Dwarka. If that be so the petitioner is presumed to have the knowledge of the provisions of the Income Tax Act, 1961 (the Act) including the knowledge to know the manner in which a right/correct return is filed. Surely it should not take nine months to realize that initial ITR has some mistakes, which requires a revised return.”.
The Division Bench held that the authority had rightly dismissed the application u/s.119(2)(b) and proceeded to dismiss the writ petition being without any merit.
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