Authority: Supreme Court of India
Order Date: 23 September 2026
Case Overview
- Petition filed by the Commissioner of Income Tax (Petitioner) against Gujarat State Energy Generation Ltd (Respondent) under IA No. 277260/2026 seeking condonation of delay in filing returns.
- The petition arose from the High Court of Gujarat’s judgment dated 9 April 2026 (TA Nos.1972/2009 and 1973/2009).
- The petitioner argued that the respondent’s filing delay was approximately 60 days, contrary to the 409‑day figure recorded in the office report.
- The petitioner also contended that the respondent, having originally claimed depreciation using the straight‑line method under Section 139(1) of the Income Tax Act, 1961, is barred from changing to the written‑down value method in a revised return because the original return contained no omission or misstatement.
Final Outcome
- The Court, after hearing counsel Mr. S. Dwarakanath (Additional Solicitor General), accepted the submission that the delay was about 60 days and consequently condoned the delay.
- The Court noted the argument regarding the prohibition on changing the depreciation method and issued a notice to the respondent to address this issue, with the matter returnable on 14 December 2026.
Topics: Taxation, Depreciation, Energy Sector