Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2016 (6) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (6) TMI 261 - HC - Income TaxWaiver of interest u/s 139 (8) for delay in filing of the return rejected - time limit under Rule 117A of the Rules for filing an application seeking waiver of interest? - condonation of delay - Held that:- The fact of the matter is that the Petitioner waited for around nine years after the order of the CIT(A) dated 6th/26th December 1990 before again approaching the AO under Rule 117 A for waiver of interest. While Rule 117 A does not expressly bar a second application and does not prescribe any limitation, the Petitioner has no satisfactory explanation for the extraordinary delay in filing the fresh application. The pendency of other proceedings at various fora does not constitute a sufficient justification in this regard. Further as far the revision petition is concerned, the proviso to Section 264 (3) permits the CIT to condone the delay in filing such petition beyond one year from the date of communication of the order seeking to be revised, if the petitioner is able to show that he was "prevented by sufficient cause" from making such application. Qua the first order dated 3rd March 1990 of the AO rejecting the Petitioner's application for waiver of interest, the delay in preferring the revision petition was time barred and the delay was not adequately explained. As regards the second order dated 17th September 2001 of the AO, as rightly pointed out by the CIT in the impugned order dated 20th March 2002, even assuming that the order dated 6th/26th December 1990 of the CIT (A) constituted a fresh cause of action for seeking waiver of interest, the delay of more than 9 years in filing the second application under Rule 117 A was not sufficiently explained. - Decided against assessee.
|