INCOME TAX OFFICER, BODHI TOWER vs. KUMAR BUILDERS PROJECT PUNE PRIVATE LIMITED, BUND GARDEN
What did the Tribunal hold?
The Tribunal held that a delay of two seconds in filing the return, caused by technical glitches on the income tax portal, should not penalize the assessee. The return was to be treated as filed within the due date, allowing the carry forward of losses.
What were the facts?
The assessee company filed its original income tax return on October 31, 2019, but the acknowledgement was generated two seconds past midnight on November 1, 2019, due to technical glitches. The CPC treated this as a belated return, denying the carry forward of business losses.
What were the issues?
Whether a minor delay of two seconds in e-filing due to technical issues constitutes a belated return, thereby disallowing the carry forward of business losses.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(6)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- CIT v. Sterling Foods311 citing104 Taxmann 204 · 1999 · SC · Read judgment
- CBDT v. Regen Infrastructure & Services (P.) Ltd.15 citing68 Taxmann.com 93 · 2016 · HC
- Sitaldas K. Motwani v. Director General of Income-tax (International Taxation)7 citing187 Taxmann 44 · 2010 · HC
- Cosme Matias Menezes (P.) Ltd. v. CIT6 citing379 ITR 31
- Lodhi Property Co. Ltd. v. Under Secretary (ITA-II) Department of Revenue5 citing323 ITR 441 · 2010 · HC
- 4 citing
Income Tax Appellate Tribunal, PUNE BENCH “A”, PUNE
Before: SHRI R. K. PANDA & MS ASTHA CHANDRA
आदेश की प्रतितिति अग्रेतिि/Copy of the Order is forwarded to: अपीलार्थी / The Appellant; 1. 2. प्रत्यर्थी / The Respondent 3. The concerned Pr.CIT, Pune 4. DR, ITAT, ‘A’ Bench, Pune 5. गार्ड फाईल / Guard file. आदेशानुसार/ BY ORDER, // True Copy //
Senior Private Secretary आयकर अपीलीय अधिकरण ,पुणे / ITAT, Pune
S.No. Details Date Initials Designation 1 Draft dictated on 05.06.2025 Sr. PS/PS 2 Draft placed before author 09.06.2025 Sr. PS/PS Draft proposed & placed before the 3 JM/AM Second Member Draft discussed/approved by Second 4 AM/AM Member 5 Approved Draft comes to the Sr. PS/PS Sr. PS/PS 6 Kept for pronouncement on Sr. PS/PS 7 Date of uploading of Order Sr. PS/PS 8 File sent to Bench Clerk Sr. PS/PS Date on which the file goes to the Head 9 Clerk 10 Date on which file goes to the A.R. 11 Date of Dispatch of order
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