Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2022 (5) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (5) TMI 1080 - AT - Income TaxExemption u/s 11 / 10(23C)(vi) - Condonation of delay in filing application - Period of limitation - application of the assessee for grant of approval under section 10(23C)(vi) rejected - HELD THAT:- Hon'ble Madras High Court in the case of All Angels Educational Society [2016 (8) TMI 156 - MADRAS HIGH COURT] while considering the issue whether the ld. CIT(Exemption) has power to condone the delay in filing application for grant of approval under section 10(23C) or not, has considered the judgments of Hon'ble Supreme Court in the case of State of U.P. -vs.- Harish Chandra [1996 (4) TMI 519 - SUPREME COURT OF INDIA] as well as Union of India -vs.- Kirloskar Pneumatic Co. Limited [1996 (5) TMI 87 - SUPREME COURT] and held that where there is no provision to empower the statutory authority to condone the delay, than the authority cannot condoned. The adjudicating authorities under the Income Tax Act are quasi judicial authorities. They can grant approval with retrospective effect if such mechanism is provided in the Act. There is no such provision nor there is any power to condone the delay after considering the reasonable reasons. A reasonable cause can be taken into cognizance for condoning the delay, if such provision is provided in the Act while considering any issue for adjudication. Therefore, considering the above proposition, we are of the view that ld. CIT(Exemption) has rightly rejected the application of the assessee for grant of approval under section 10(23C)(vi) of the Income Tax Act. All these three appeals are rejected.
|