
ITAT Delhi allowed a Rs 17 lakh tax refund for a taxpayer who missed e-verification due to his late father's funeral. The ruling sets a precedent for condoning delays on compassionate grounds.
A Delhi taxpayer who missed the e-verification deadline for his income tax return because he was busy with his late father's funeral and final rites won his refund case at the Income Tax Appellate Tribunal (ITAT) in Delhi.
The taxpayer, Mr. Bhatia of Westend Colony, declared Rs 1.42 crore in rental income from his properties and filed a return claiming a Rs 17 lakh refund. The Income Tax Department rejected the refund because Bhatia had not e-verified the return within the prescribed time limit. The department treated the return as invalid.
Bhatia argued that he could not complete the e-verification because he was engaged in the last rites and post-death formalities of his father, who had passed away. He submitted evidence including the death certificate and documentation of the funeral period.
The ITAT Delhi bench examined the facts. It noted that the law allows the tax department to condone a delay in e-verification if the taxpayer shows a genuine reason. The tribunal accepted Bhatia's explanation, ruling that caring for a deceased parent's funeral and rituals constitutes a reasonable cause for missing the deadline.
The tribunal directed the tax department to process the refund and treat the return as validly filed. This decision aligns with earlier ITAT rulings that view compassionate grounds as sufficient for condoning procedural lapses.
For taxpayers, the case reinforces a practical point. A missed e-verification window is not necessarily the end of a refund claim. The ITAT has consistently held that genuine hardships – medical emergencies, bereavement, natural disasters – can justify late compliance. The burden of proof rests on the taxpayer. Documentation of the event, dates, and the inability to access the portal all matter.
Bhatia's refund will now be released, pending any further appeal by the department.
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