BETA CASHEWS AND ALLIED PRODUCTS PVT. LTD Vs. COMMISSIONER OF INCOME TAX, AAYAKAR BHAVAN, KAWDIAR, THIRUVANANTHAPURAM

JUDGEMENT

(1.) Petitioner challenges Ext.P4, by which the Commissioner of Income Tax had dismissed the petition seeking refund of the advanced tax paid for the assessment years 2004-2005 and 2005-2006 on the ground of delay. The assessee is before this Court challenging the said order inter alia contending that the first respondent had failed to consider the application in its proper perspective. The statute provides for a Company to file an application to condone delay for refund. Petition is not filed within the prescribed period. It is stated that the only consideration that is required is to find out whether there was genuine hardship, in which event the delay ought to have been condoned. It is submitted that the petitioner Company was suffering huge loss for a period of time and they were not even in a position to engage a proper accountant for preparing the accounts and filing the returns in time. This resulted in the petitioner not approaching the competent authority within time. The fact that the petitioner Company had suffered losses during the relevant time by itself, ought to have been taken as a reason for condoning delay, as non-payment would have created genuine hardship to the petitioner.

(2.) Statement has been filed on behalf of the respondents supporting the stand taken in the matter. It is contended that the petitioner has even delayed the returns for subsequent years, which also has been taken note of while considering whether there is any genuine hardship, caused to the petitioner warranting condonation of delay.

(3.) Section 119 (2) (b) reads as under:-