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2015 (2) TMI 499 - HC - Income TaxGrant of exemption and continuance thereof u/s 10(23C) rejected - application rejected as barred by one day's delay - power of Chief Commissioner of Income Tax to condone the delay - Held that:- There is no power for the Chief Commissioner of Income Tax to condone the delay. Thus, the question is left open. However, having regard to the fact situation, as there is a delay of only one day in presenting the application under Section 10(23C)(vi), this Court, exercising extra-ordinary jurisdiction under Article 226 of the Constitution of India, condones the delay of one day in filing the application and remits back the matter to the Chief Commissioner of Income Tax/the first appellant herein, for consideration of the respondent/writ petitioner's application, on its own merits and in accordance with law. We make it clear that this order shall not create any precedent as delay is being condoned by this Court, exercising extra-ordinary jurisdiction in respect of delay of one day. Decided in favour of assessee.
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