Mahalingam Chandrasekar v. CCIT (2021) 439 ITR 698 (Mad.)(HC)

S. 279 : Offences and prosecutions-Sanction-Chief Commissioner-Failure to file return within stipulated time-Issue of summons was only for one year-Reasons Remanded to the Commissioner for fresh consideration. [S. 139(1), 279(2), Art. 226]

The commissioner proposed for launching prosecution for delay in filing of return. The assessee moved application for compounding which was rejected. On writ allowing the petition the  court held that the reason stated by the assessee for failure in filing the return of income under section 139(1) in time by the assessee for the assessment year 2013-14 had not been considered in the proper perspective by analysing before rejecting the reasons..  The reason cited by the assessee, after giving him an opportunity, could once again be considered in the proper perspective and accordingly, a fresh order could be passed by the Chief Commissioner. The order was set aside and the matter was remanded back to the Chief Commissioner for reconsideration. (AY.2013-14)