Law: Income Tax Act, 1961

Section: 264

Income-tax----Revision---Limitation---Delay in filing revision petition---No application filed for condonation of delay in spite of notice----Tending" in S.95(i)(c) of Finance (No.2) Act, 1998 (Kar Vivad Samadhan Scheme), meaning of--­Indian Income Tax Act, 1961, 5.264---Indian Finance (No.2) Act, 1998, S.95(i)(c). Under the Income-tax Act, a time limit is prescribed for filing a revision petition before the Commissioner of Income-tax and there is a power to condone the delay also. If the revision petition is filed belatedly with an application for condonation of delay which may ultimately be considered as sufficient cause for condonation of delay by the Commissioner or may not be so considered, would make the revisional proceedings pending, but if the revision petition is filed belatedly without any application for condonation of delay, then it will not be considered to have been filed in accordance with the provisions of section 264 of the Income Tax Act, 1961. The assessee filed a revision petition under section 264 of the Income Tax Act, 1961, before the Commissioner of Income-tax on January 29, 1999, against the assessment order passed under section 143(3) of the Act on March 31, 1997, for the assessment year 1995-96. The assessee neither filed an application for condonation of delay nor stated any reasons for late filing of the petition. In response to the notice, dated February 5, 1999 also no reasons were stated. Hence, the Commissioner of Income-tax dismissed the revision petition by his order, dated February 17, 1999, where it was observed that it was filed only for taking benefit of the Kar Vivad Samadhan Scheme, 1968. The assessee challenged this order of the Commissioner of income-tax by filing a writ petition under Article 226 of the Constitution of India: Held, dismissing the writ petition in limine, that it was the duty of the petitioner to give reasons when a notice was issued to him, so that the revision petition could be maintained. A delayed petition without giving reasons for delay was no petition in the eye of law. Even when a notice was issued to the petitioner pointing out the fact of delay no steps were taken to move an application for…

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