Commissioner of Income Tax vs Dolerite Pvt. Ltd.

Thanikkachalam, J.—In this tax case petition, the Department requested this Court to direct the Tribunal to refer the following question of

law said to arise out of the order of the Tribunal for the asst. yr. 1986-87 for our opinion under s. 256(2) of the Act :

Whether, on the facts and in the circumstances of the case, the Tribunal is right in law and had valid materials in holding that extension of time for

filing the returns of income/loss should be deemed to have been allowed to the assessee and accordingly allowing the benefit of carry forward of

loss ?

It remains to be seen that there was delay in filing the return by the assessee in the assessment year under consideration. The assessee submitted

Form No. 6 explaining the delay in filing the return, and asking for extension of time. The ITO did not consider this request made by the assessee.

Therefore, the Tribunal followed a decision of the Bombay High Court in the case of Shanlal Shantilal and Bros. Vs. Union of India, and held that

the delay should be deemed to have been condoned and the time would have been extended for filing the return by the Assessing Officer (AO).

This conclusion was arrived at by the Tribunal on the basis of the facts available on record in the matter of condoning the delay in filing the return.

No question of law arises as framed and suggested by the Revenue and we are unable to direct the Tribunal to refer the abovesaid question as

requested by the Department. Accordingly, the tax case petition is dismissed.