Madras High Court
WP/22868/2026 of M/s. Coromandel Cables Pvt Ltd Vs The Chairman on 13 October 2026
WP No. 22868 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26-10-2026
CORAM
THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY
WP No. 22868 of 2026
CNR:{HCMA011174792026}
M/s. Coromandel Cables Pvt Ltd
Represented by its Director
Mr T Chinnadurai
A-7, 6 Cross Street, Indira Nagar,
Adyar, Chennai - 600 020.
..Petitioner(s)
Vs
1. The Chairman
Central Board of Direct Taxes (CBDT)
North Block, Central Secretarial,
New Delhi-110 001
2. The Principal Chief Commissioner of Income Tax Corporate Circle 1, O/o. Chief Commissioner of Income Tax, No.
121, M.G. Road, Nungambakkam,
Chennai 600 034.
..Respondent(s)
PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India seeking the issuance of a Writ of Mandamus directing the respondents to consider forthwith and dispose of the applications filed u/s.119(2)(b) of the Income Tax Act, 1961 dt.12.11.2025, as per CBDT Circular No.11/2024
dt.01.10.2024 favorably seeking condonation of delay in filing returns u/s.139(1) of the Act for the AYs 2006-07 to 2011-12 by shifting the income already offered into Business Head with consequential deductions u/s.80IB 10
of the Act for the AYs - 2006-07 to 2011-12, in line with the findings of the Honble Tax Bench of this Court in its Judgement dt.09.05.2025 in TCA
Nos.294 of 2018 and etc., batch
WP No. 22868 of 2026
For Petitioner(s):
Mr.I.Dinesh for M. Gopinath
R.Vigneshwaran
For Respondent(s):
Mr.Avinash Krishnan Ravi, Junior standing counsel for Mr. B. Ramanakumar Senior Standing Counsel For Respondent.
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
Order
This Writ Petition has been filed to direct the respondents to consider forthwith and dispose of the applications filed u/s.119(2)(b) of the Income Tax Act, 1961seeking condonation of delay in filing returnsby shifting the income already offered into Business Head with consequential deductions u/s.80IB 10 of the Act.
2. The learned counsel appearing for the petitioner submits that the petitioner company developed its land by launching a housing project in collaboration with the developer, M/s. Doshi Housing, by executing an Agreement of Sale (AOS) and a Joint Development Agreement (JDA). Upon completion of the housing project, the petitioner discharged its tax liabilities under the head of 'Capital Gains' based on the AOS. While the developer accounted for the superstructure under 'Business Income' and claimed deduction under Section 80-IB(10) of the Income Tax Act, 1961, the petitioner was treated as a joint developer and assessed to tax both under Long-Term Capital Gains (LTCG) for the land and Short-Term Capital Gains (STCG) for the superstructure.
WP No. 22868 of 2026
3. Aggrieved by the same, the assessment orders were challenged before the Income Tax Appellate Tribunal (ITAT) by claiming deduction under Section 80-IB(10) of the Act, which came to be rejected. Against the order of the ITAT, the petitioner preferred an appeal before this Court, wherein this Court directed the petitioner to seek alternative relief and remedy in the manner known to law.
4. Consequently, the petitioner filed petitions under Section 119(2)(b) of the Act before the respondents, seeking condonation of delay in filing its returns within the due date to claim deductions through a re-computation process of the income already offered under the 'Business' head. Since the said petitions have not been disposed of, the petitioner has approached this Court.
5. In reply, Mr.Avinash Krishnan Ravi, learned Junior Standing Counsel who takes notice on behalf of the respondents would submit that the petitioner’s application dated 12.11.2025 will be disposed of by the 1st respondent within a period of eight weeks.
6. Heard the learned counsel for the petitioner and the learned Junior Standing Counsel for the respondents and also perused the materials available on record.
WP No. 22868 of 2026
7. In view of the above, this Court without going into the merits of the case, directs the 1st respondent to consider the petitioner’s application dated 12.11.2025 on its own merits and dispose of the same in accordance with law within a period of eight weeks from the date of receipt of copy of this order, after issuing notice and an opportunity of personal hearing to the petitioner.
8. With the above directions, this writ petition is disposed of. No costs. 26-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SK To
1. The Chairman Central Board of Direct Taxes (CBDT) North Block, Central Secretarial, New Delhi-110 001
2. The Principal Chief Commissioner of Income Tax Corporate Circle 1, O/o. Chief Commissioner of Income Tax, No. 121, M.G. Road, Nungambakkam, Chennai 600 034.
WP No. 22868 of 2026
KRISHNAN RAMASAMY J. SK WP No. 22868 of 2026 26-10-2026