The assessee made an application before the CBDT to condone the delay as the return could not be filed due to prolonged litigation between the promotors and investors. CBDT rejected the application. On writ the single judge directed the CBDT to condone the delay and application for condonation of delay was allowed. contended that the delay in filing Application of the assessee to condone the delay in filing the return due to Where CBDT rejected assessee’s application for condonation of delay in filing return without appreciating reasons given by assessee for such delay and without considering documents produced by assessee, in view of fact that such delay was beyond control of assessee said order was to be set aside and application for condonation of delay was to be allowed. On appeal the division bench affirmed the order of single judge. Circular No. 9 of 2015 dated June 9, 2015 (2015) 374 ITR (St.) 25) (AY 2014-15)
CBDT v. Vasudev Adigas Fast Food (P) Ltd. (2021) 437 ITR 67 / 282 Taxman 48 / 323 CTR 235/ 207 DTR 342(Karn) (HC) Editorial : Decision of the single judge in Vasudev Adigas Fast Food (P) Ltd v. CBDT (2020) 314 CTR 852/ 186 DTR 89 /15 ITR-OL 187 (Karn) (HC)), affirmed. Editorial : Order of High Court , affirmed , CBDT v. Vasudeva Adigas Fast Food (P.) Ltd. (2022) 289 Taxman 148 / 220 DTR 463 /(2023) 450 ITR 4(SC)
S. 139 : Return of income-Condonation of delay-litigation between promotors and investors-Beyond control of assessee-PCIT and Additional CIT recommending condonation of delay-Rejection of application by CBDT was set aside. [S. 119(1), 119(2)(b), Art, 226]