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Process for Filing Application u/s 119(2)(b) of IT Act, 1961

CA. Bhavik P. Chudasama , Last updated: 11 March 2024  
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Filing an application under Section 119(2)(b) of the Income Tax Act in India typically involves specific procedures. This section allows the Income Tax authorities to condone delays or grant relief in certain situations. Here's a general process:

Preparing the Application

  • Identify Reason: Determine the reason for filing under Section 119(2)(b). It could be for condonation of delay in filing returns, revise returns, submissions, or any other compliance-related issue.
  • Draft Application: Prepare a formal application stating the details of the delay, reasons for it, and any supporting documents or evidence.
Process for Filing Application u/s 119(2)(b) of IT Act, 1961

Application Submission

  • Prepare Documents: Gather necessary documents supporting your case, like evidence explaining the delay (if any), financial documents, or any relevant correspondence.
  • Address to Relevant Authority: Address the application to the appropriate authority, usually the Commissioner of Income Tax (CIT) or the Principle Commissioner of Income Tax (PCIT)
  • Submission: File the application within a reasonable time from the occurrence of the event causing the delay. Attach supporting documents and pay any requisite fee, if applicable.

Follow-Up

  • Monitor Progress: Keep track of the application's status. In some cases, the assessing officer might request further information or clarification.
  • Attend Proceedings, if Required: Be prepared to attend any hearings or provide additional information if requested by the tax authorities.
 

Important Points to Note

  • Timeliness: Apply as soon as possible after the occurrence of the delay.
  • Honesty: Provide accurate and truthful information in the application.
  • Documentation: Support the application with relevant and genuine documents.
  • Professional Help: Consider seeking assistance from a tax consultant or legal expert for guidance on the process and documentation.

Remember, specific cases may have unique requirements so it's always advisable to consult a tax professional or legal advisor for precise guidance tailored to your situation.

Draft Format For Application For Conodonation Of Delay In Filing Returns U/s 119(2)(b)

[Your Name]
[Your Address]
[City, State, ZIP Code]
[Date]

To,

The Commissioner of Income Tax,

[City/Area Office Address]
[City, State, ZIP Code]

Subject: Application for Condonation of Delay under Section 119(2)(b) of the Income Tax Act, [Year/Assessment Year]

Respected Sir/Madam,

I, [Your Name], [Your PAN Number], am writing this application to request the condonation of delay in [briefly explain the nature of delay, e.g., filing my income tax return for Assessment Year [AY] [Year] / submission of [specific document or compliance] due on [date]].

I sincerely apologize for the delay and wish to bring to your attention the circumstances that led to this delay:

[Explain the reasons for the delay in detail. Provide any supporting evidence or documentation if available. Be factual and clear.]

[If applicable, mention any unforeseen events or genuine reasons that contributed to the delay.]

[Highlight any efforts made to rectify the delay and ensure compliance despite the circumstances.]

I fully understand the importance of adhering to tax regulations and assure you that this delay is an exception rather than a norm in my compliance history.

Enclosed herewith are the relevant documents supporting my application, including [list the documents enclosed, if any].

I kindly request your esteemed office to consider my plea for condonation of delay under Section 119(2)(b) of the Income Tax Act. I assure you of my cooperation and compliance with all future obligations.

 

Thank you for considering my application. I remain at your disposal for any further information or clarification you may require regarding this matter.

Yours faithfully,

[Your Name]
[Your Contact Information]

Remember to tailor this draft according to your specific situation, providing accurate details and attaching any necessary documents to support your request for condonation of delay.

Disclaimer: We request readers to seek professional advice before arriving at any decision/conclusion after reading. We are not responsible for any loss arising to anyone after referring and relying on this article. Above views are based on our understanding of the provisions.

The author can also be reached at office.bhavikco@gmail.com

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Published by

CA. Bhavik P. Chudasama
(Practice)
Category Income Tax   Report

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