P&H: Quashes Rejection of HMT Employee’s Request to File Revised Income Tax Return for Refund

punjab-haryana
⚖️ Order Date: 23 Sep 2026
Headnotes

(i) Income Tax Act, 1961, Ss.119(2)(b), 237, 239, 139(1), 139(5) — Condonation of delay in filing revised return for refund claim — Impugned order was based on irrelevant and unreasoned considerations and PCIT did not apply tests laid down in Circular — Impugned order was quashed...

(ii) Income Tax Act, 1961, S.119(2)(b) — CBDT Circular No. 9/2015 dated 09.06.2015 — Requirement of reasoned consideration — Competent income tax authority is required to examine whether applicant's claim is bona fide, genuine and worthy of consideration and whether claimant would undergo avoidable suffering...

(iii) Income Tax Act, 1961, Section 119(2)(b) — CBDT Circular No. 9/2015 dated 09.06.2015 — Genuine hardship — Finding returned by PCIT on genuine hardship was through single unreasoned sentence that no case was made out for hardship — Order did not deal with petitioner's...


Facts of the Case

P&H: Quashes Rejection of HMT Employee’s Request to File Revised Income Tax Return for Refund

The Punjab and Haryana High Court has set aside an order of the Principal Commissioner of Income Tax, Panchkula, which had refused to condone the delay in filing a revised income tax return by a former HMT Limited employee. The petitioner, Rajbir Singh, and 20 other similarly placed former employees had approached the court after their requests were rejected.

The case arose from the closure of HMT Limited’s Tractor Division at Pinjore. The employees had accepted VRS or faced retrenchment after the unit was shut down. Rajbir Singh had filed his original return for assessment year 2017-18 on the basis...

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