Whether the CBDT has the power u/s 119(2)(b) to condone the delay in filing ROI?

The assessee filed his ROI, which contains a claim for carry forward of losses, a day after the due date. The delay was due to the fact that the assessee didn’t reached the Income Tax Building on time because he was sent from one office to another and by the time he reached the office where his ROI was to be accepted, it was already 6:00 PM and he was told that return would not be accepted because the counter had been closed. These circumstances were recorded in letter along with the ROI delivered on very next day to the office of the Dy. Commissioner of Income Tax. Later on, CBDT rejected the request of the assessee for condonation of delay in filing the ROI u/s 119.

Whether the CBDT has the power u/s 119(2)(b) to condone the delay in filing ROI?

The High Court held that the Board has the power to condone the delay in case of ROI which was filed late and where a claim for carry forward of losses was made. The assessee had shown the sufficient reason for the delay of one day in filing of ROI. If the delay is not condoned, it would cause genuine hardship to the petitioner. Therefore, the Court held that the delay of one day in filing of ROI has to be condoned.

Lodhi Property Co. Ltd. V. Under Secretary, (ITA-II), Dept. of Revenue (2010) (Del.)