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2018 (2) TMI 514

Head Note:
Revision u/s 264 in favor of assessee - CIT rejected the application - condonation of delay - period of limitation - Held that:- The time taken for prosecuting these matters, some of which, was at the instance of the Department and some at the instance of the petitioner, has to be necessarily excluded while computing limitation for exercise of power under Section 264. This is for, more than one reason, firstly, the petitioner cannot be shut out from placing facts before the Commissioner and Section 264 empowers the Commissioner to cause enquiry and verify the facts. Secondly, if there has been a genuine mistake committed by the assessee, Statute does not bar the assessee from rectifying his mistake though there might have been some statement made by the petitioner that the canadian income has been taxed in the said country which was found to be false and the stand taken by him that he has received certain Gifts were also found to be false cannot be a bar to ascertain the correct status of the petitioner as to whether during the relevant period that he was a resident or a non-resident. The petitioner should not be shut out on technicalities and the facts should not be left unexamined.

One more aspect which has to be taken into consideration is with regard to the observations made by the Commissioner while passing the order dated 28.03.2014, wherein the Commissioner himself has stated that the issue pertaining to the status of the petitioner as a resident or a non resident cannot be broached under Section 263 and the assessee could have come u/s 264 separately on the issue. Therefore, the Commissioner was satisfied with the issue raised by the petitioner regarding the status was a matter that could be considered u/s 264.

Thus, for all the above reasons, the delay in filing the petition should be computed from the date on which the ITAT dismissed the petition (i.e.,) on 25.06.2015 and if that period is reckoned, revision petition had to be filed within a period of two months from the said date. Therefore, it cannot stated to be either hopelessly time barred and delay remains unexplained. Thus, for the above reasons, the delay in filing the revision petition, if any, requires to be condoned.


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