Is Ignorance of Law Really No Excuse? Delhi HC Rejects Canadian NRI's Request for ITR Delay Relief
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New Delhi, Dec 30 (NationPress) The Delhi High Court has rejected a writ petition submitted by a non-resident Indian living in Canada, who sought relief for the delay in filing his Income Tax Return (ITR) for the assessment year 2020–21.
The petitioner, a citizen of Canada residing in British Columbia, cited his lack of knowledge regarding Indian tax regulations, health complications, and travel restrictions due to Covid-19 as factors contributing to his late filing. Despite these claims, he had generated revenue from the sale of immovable assets in India and received bank interest during that fiscal year.
A bench comprising Justices V. Kameswar Rao and Vinod Kumar determined that the petitioner did not present a sufficient case of “genuine hardship” as required under Section 119(2)(b) of the Income Tax Act. They upheld the decision made by the Commissioner of Income Tax, International Taxation, who had rejected the request for delay condonation.
Justice Rao's Bench noted, “There is no doubt that the Income Tax Return (ITR) for which condonation is requested pertains to the Assessment Year 2020–21,” mentioning that the application was submitted in June 2025.
In dismissing the appeal, the Delhi High Court underscored the established principle that “ignorance of law is no excuse,” emphasizing that statutory deadlines under the Income Tax Act must be respected and cannot be overlooked based on vague or generalized assertions.
“Statutory timelines must be observed to ensure timely assessments, and extensions cannot be claimed as a vested right merely by requesting them,” the court stated in its order.
The bench highlighted that the tax authority had provided “clear and cogent reasons” for determining that the petitioner did not demonstrate any extraordinary circumstances that would justify condonation.
Agreeing with the previous ruling, the Delhi High Court reaffirmed that “the power of condonation under Section 119(2)(b) can only be exercised in cases of genuine hardship and extraordinary circumstances.”
“We support the view taken by the officer in the challenged order and see no reason to intervene. Without any merits, the petition is dismissed,” the court concluded.