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2017 (7) TMI 1012 - HC - Income TaxRevision u/s 264 in favor of assessee - condonation of delay in filing an application - Held that:- When Section 264(3) uses the expression to ‘the date on which he otherwise came to know of it’, it refers to the date on which the Petitioner actually had a copy of the intimation. He could either get it from the Department or get it from any other source. In other words, it would not be sufficient that the Petitioner came to know of the fact that his return had been processed. Till such time the Petitioner had a copy of the intimation under Section 143(1) of the Act, the limitation period under Section 264 (3) of the Act would not begin to run. Considering that Section 264 is a provision intended to benefit the Assessee, no other interpretation is possible on a plain reading of it. Thus PCIT was in error in holding that the revision petition was time barred. The Court would also like to observe that where in a given case, the PCIT is of the view that a certain petition is time barred, then in terms of the proviso to Section 264 (3), the PCIT should also examine whether there was any justifiable reason for such delay. He need not wait for an application to be filed by an Assessee for that purpose. He may put the Assessee on notice of this fact and require the Assessee to show sufficient cause for the delay. This may avoid needless multiplicity of the proceedings, particularly, when the delay is not substantial and can be explained by the Assessee. Since the PCIT has declined to examine the issue on merits, the Court sets aside the impugned order dated 21st December, 2016 passed by the PCIT and restores the Petitioner’s revision application to his file for disposal on merits in accordance with law. The Petitioner's aforementioned revision application shall be placed before the PCIT on 4th September, 2017 for this purpose.
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