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2019 (8) TMI 804 - HC - Income TaxCondonation of delay in filing application for Revision u/s 264 - power of CIT to condone delay - similar matter for two assessment years - peculiar facts and circumstances - HELD THAT:- One of the peculiar facts and circumstances turns on the aspect that writ petitioner's income that has been processed, primarily turns on agricultural income. It may not be necessary to advert in great detail to the other peculiar facts and circumstances of instant case on hand. Suffice to say that one technical aspect of the matter is, while one revision is within time, the other was filed with a delay, where undisputedly, the revisional authority is vested with powers to condone delay without any statutory cap qua length of delay. There is no disputation or disagreement that the impugned orders or in other words, impugned order-I and impugned order-II arise out of common factual matrix and only the assessment years are different (obviously numerical values are also different). Therefore, this Court, in the light of the peculiar facts and circumstances of instant case on hand, is of the considered view that the submission of learned counsel for writ petitioner that delay could have been condoned for one assessment year viz., 2012-13 and both matters could have been taken up and heard out on merits deserves to be accepted. Delay condoned with cost of ₹ 12,500/- each - Matter restored before CIT for disposal on their own merit.
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