SAPTHA MARKETING ASSOCIATES vs. INCOME TAX OFFICER,
What did the High Court hold?
The High Court disposed of the writ petition with a specific direction to the 2nd respondent, the Commissioner of Income Tax. The direction was to consider and pass orders on the petitioner's applications (Exts. P2 and P3) for condonation of delay in filing returns under Section 119(2) of the Income Tax Act. This order was to be passed within four weeks from the date of receipt of a copy of the judgment. The Court also stipulated that the petitioner should produce a copy of the writ petition along with the judgment before the 2nd respondent for further action. The Court did not delve into the merits of the delay condonation applications themselves, but rather focused on ensuring their timely consideration. No issue was left undecided.
What were the facts?
The petitioner, M/s. Saptha Marketing Associates, represented by its Managing Partner, Sri. K.P. Binu, filed a writ petition before the High Court of Kerala. The petition challenged the inaction of the respondents, the Income Tax Officer and the Commissioner of Income Tax. The petitioner had submitted applications (Exts. P2 and P3) to the 2nd respondent (Commissioner of Income Tax) under Section 119(2) of the Income Tax Act, seeking condonation of delay in filing their income tax returns. The primary prayer in the writ petition was for a direction to the 2nd respondent to expeditiously consider and pass orders on these applications after hearing the petitioner. The writ petition was admitted and heard on 23.09.2020.
What were the issues?
1. Whether the High Court should direct the 2nd respondent to consider and pass orders on the petitioner's applications for condonation of delay in filing returns under Section 119(2) of the Income Tax Act expeditiously, after hearing the petitioner. Assessee's Contention: The petitioner contended that they had filed applications under Section 119(2) of the Income Tax Act for condonation of delay in filing returns and sought a direction for expeditious disposal of these applications by the 2nd respondent after providing a hearing. Revenue's Contention: The judgment records that the learned Standing counsel for the respondents was heard. However, no specific arguments or contentions were recorded for the revenue in the judgment.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
JUDGMENT
The petitioner has preferred Exts.P2 and P3 applications before the 2nd respondent under Section 119(2) of the Income Tax Act for condoning a delay in the filing of returns. The limited prayer is for a direction to the 2nd respondent to consider and pass orders on the same expeditiously, after hearing the petitioner.
I have heard the learned counsel for the petitioner and the learned Standing counsel for the respondents. On a consideration of the facts and circumstances of the case and the submissions made across the Bar, I dispose the writ petition with a direction to the 2nd respondent to consider and pass orders on Exts.P2 and P3 applications within four weeks from the date of receipt of a copy of this judgment, after hearing the petitioner. The petitioner shall produce a copy of the writ petition together with a copy of the judgment before the 2nd respondent for further action. A.K.JAYASANKARAN NAMBIAR
JUDGE mns/23.9.2020
WP(C).No.19676 of 2020 3
Appendix — schedule of exhibits
More judgments on Section 119(2)
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