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2013 (11) TMI 462 - AT - Income TaxMaintainability of Revision application u/s 264 of the Income Tax Act - Petition filed by the assessee under section 264 on 2-8-2000 - Bar imposed by section 264(4), as an appeal filed by the assessee before Commissioner (Appeals) on 31-7-2000 was pending - The appeal pending before the Commissioner (Appeals) was dismissed because of non-compliance with section 249(4)(a). The assessee filed before the Commissioner another petition under section 264 on 28/2/2002 - The assessee, later, complied with section 249(4)(a) and filed a fresh appeal before the Commissioner (Appeals) on 9-2-2004 with a request for condonation of delay, but the Commissioner (Appeals) refused to condone the delay and dismissed the appeal on 31-9-2004 – Held that:- Petition u/s.264 is infructuous exercise which has admitted by the CIT u/s. 264 of the IT Act. The assessee had also not waived the right of appeal – Reliance is place upon the judgment in the case of ITO vs. Ankush Finstock Ltd [2012 (5) TMI 164 - ITAT AHMEDABAD]- In view of the above facts, legal position as well as sequence of events and having paid the entire taxes as per return of income, the application dated 31/5/2011 filed before CIT(A) requesting for the condonation of delay or the revival of the appeal in view of the judgment of the ITAT, Mumbai in case of Bhumiraj Construction [2010 (4) TMI 754 - ITAT MUMBAI], is required to be considered and accordingly, the CIT(A) is directed to verify whether the entire admitted tax has been paid or not and if so, he shall consider the case on merit in accordance with law, on the various grounds raised by the appellant Company – Appeal of assessee allowed for statistical purpose.
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