SHREE SHIV VIJAY PROCESSORS PRIVATE LIMITED,SURAT vs. INCOME TAX OFFICER WARD 2 1 3, SURAT

ITA 1241/SRT/2025Status: DisposedITAT Surat20 August 2026AY 2018-193 pages
AI SummaryAllowed

What were the facts?

The assessee filed its income tax return half an hour after the due date due to technical glitches in the IT system. The Assessing Officer disallowed the carry forward of business loss on this ground, although unabsorbed depreciation was allowed.

What did the Tribunal hold?

The Tribunal condoned the delay, stating that the assessee should not be penalized for technical glitches. The AO was directed to allow the carry forward and set off of the business loss.

What were the issues?

Whether a minor delay in filing the return of income due to technical glitches can lead to disallowance of carry forward of business loss.

Which sections of the Income-tax Act were involved?

Section 72(1),Section 32(2)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, SURAT BENCH, SURAT

For Appellant: Shri Jaikishan Goel, CA
For Respondent: Shri Ashish Kumar, Sr. DR
Hearing: 17.06.2026Pronounced: 20.08.2026

PER : SUCHITRA KAMBLE, J M:

The appeal filed by the assessee is against the order passed by the Learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [in short “CIT(A)”] dated 29.08.2025 for the Assessment Year (in short “AY”) 2018-19. 2. The assessee has raised the following grounds of appeal: “The Assessee has filed return of income on 01-11-2018 at 12.30 am i.e. half hour late of due date of filing of return of income. The assessee has got there accounts audited and filed returned income in time within due date. The assessee has filed return and got accounts audited since from last fifteen years within due date. This was first year in which assessee has filed return of income half hour late

The order continues below.

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