Revised return of
income to be considered as application for condonation which consequently
results in refund of legitimate taxes
The High Court held as
under:
1) The application of
petitioner for condonation of delay under section 119(2)(b) was denied by
adopting a very hyper technical view that it was made beyond 6 years from the
date of the end of the assessment year 2004-05;
2) In the instant case
the revised return of income filed on 8 September, 2011 would be considered as
application for condonation of delay and tax refund would be granted - Devdas Rama Mangalore v. CIT [2014] 41
taxmann.com 508 (Bombay)
