Supreme Court to Decide IT Dept's Scope to Condone 30 Months Delayed ITR Under Section 119(2)(b):

The Supreme Court of India will decide whether the Income Tax Department can condone a 30-day delay in filing ITRs under Section 119(2)(b) of the Income Tax Act, 1961.
SC to Decide Validity of Rejecting Late ITR

Supreme Court to Decide IT Dept's Scope to Condone 30 Months Delayed ITR Under Section 119(2)(b)
The Supreme Court of India is about to clarify whether the Income Tax Department has the authority to accept late-filed ITRs (Income Tax Returns) by 30 months under Section 119(2)(b) of the Income Tax Act, 1961.
M/s Sirez Limited filed a Special Leave Petition against the Union of India and others in the Supreme Court of India. The key issue raised is whether the Income Tax Department is allowed to condone delayed Income Tax Returns (ITRs) under the Income Tax Act, 1961. The present case pertains to the Assessment Year 2018-2019.
The present matter has originated from an order dated December 8, 2025, passed by the Delhi High Court. The judgement was announced on February 10, 2026, by a bench consisting of the honourable Justice J.B. Pardiwala and Justice K.V. Viswanathan.
Basically, the petitioner in the current case had lately filed its income tax return (ITR) 30 months before the Assessment Year 2018-19. So, the petitioner filed an application before the Central Board of Direct Taxes (CBDT) under Section 119(2)(b) of the Income Tax Act, 1961, seeking condonation of delay. However, the CBDT rejected the said application, disallowing the petitioner's request to condone the delay.
This aforesaid denial of condonation of delay led to the denial of two key benefits to the petitioner, i.e., first, the carry forward of a business loss of Rs. 1.06 crore and second, the refund/credit of Tax Deducted at Source (TDS) of Rs. 19.73 lakh. Now, the key issue raised before the Supreme Court is whether delay in filing an income tax return can be condoned under Section 119(2)(b) of the Income Tax Act, 1961.
The court has issued notice in the matter and directed the petitioner’s Advocate-on-Record to submit all the relevant documents to the learned Additional Solicitor General. The case is still pending; a hearing is scheduled for March 9, 2026.
About Author

Saloni Kumari
Content Writer
Saloni is a Content Writer with 2+ years of experience at studycafe.in. She writes legal, taxation, and finance related content including GST, Income Tax etc. Skilled in translating complex judicial pronouncements and regulatory developments into clear, and reader-friendly articles. Experienced in covering judgements of ITAT, High Court, GSTAT, and news related to Income Tax, GST, and corporate law. She can be reached at [email protected].
Saloni is a Content Writer with 2+ years of experience at studycafe.in. She writes legal, taxation, and finance related content including GST, Income Tax etc. Skilled in translating complex judicial pronouncements and regulatory developments into clear, and reader-friendly articles. Experienced in covering judgements of ITAT, High Court, GSTAT, and news related to Income Tax, GST, and corporate law. She can be reached at [email protected].
StudyCafe
Delhi, Delhi, India
2702My Recent Articles
- ITAT Condoned Delay After Noting Indeed Technical Glitch on E-filing Portal and Restores Section 12A and 80G ApplicationsPremium
- ITAT Rejects Section 69A Unexplained Money Addition Based on Alleged Over-Invoicing Entry Found in Third-Party SearchPremium
- ITAT Condoned 336-Day Delay in Section 68 Case After Taxpayer Cites Lack Of Online Communication AwarenessPremium
- United Breweries Secures Full Relief from Bombay High Court in Rs 21.92 Crore Service Tax Dispute
- Aries Agro Faces Rs 3.96 Crore GST Demand Over ITC Availment from Retrospectively Cancelled Vendors
Up Next
Loading suggestions…
Recent Posts
All Posts
Recent Posts
All Posts








