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2016 (6) TMI 261 - DELHI HIGH COURT

2016 (6) TMI 261 - DELHI HIGH COURT - TMI - Waiver 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 .....

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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 assumin .....

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Senior standing counsel with Ms. Vibhooti Malhotra, Junior standing counsel. ORDER 1. The challenge in this writ petition is to an order dated 20th March 2002 passed by the Commissioner of Income Tax, (Central-1), New Delhi [ CIT ] rejecting the petition filed by the Petitioner, Prakash Aggarwal, under Section 264 of the Income Tax Act, 1961 ( Act ) against the order 17th September 2001 passed by the Deputy Commissioner of Income Tax, CC-25, New Delhi [ DCIT ] rejecting the request of the Petiti .....

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ome Tax Rules 1962 ( Rules ) was rejected by the Assistant Commissioner of Income Tax ( ACIT ), i.e., Assessing Officer ( AO ) on 6th March 1990 holding that the delay in taking inspection of records was attributable to the Assessee and in any event, return on estimate basis could have been filed. 3. Subsequently, the AO had imposed penalty a sum of ₹ 54,480 under Section 271 (1) (a) of the Act. The Assessee filed an appeal before the Commissioner of Income Tax (Appeals) [ CIT (A) ]. This .....

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ed by the AO by an order dated 17th September 2001. This time the AO was of the view that there was no evidence on file to indicate that the Assessee was prevented for sufficient cause created by the Revenue in not obtaining photocopies in time. 5. Aggrieved by an order dated 17th September 2001, the Petitioner filed a revision petition under Section 264 of the Act before the CIT on 9th October 2001. The CIT was of the view that the delay of more than 10 years in approaching the AO was not suffi .....

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waiver of interest. It is accordingly submitted that the CIT erred in rejecting the revision petition on the ground of delay. 7. The above submissions have been considered. The principal ground on which the CIT rejected the revision petition was laches in (a) approaching the AO with a fresh petition seeking waiver and (b) in filing the revision petition qua the earlier order dated 6th March 1990 of the AO rejecting the application seeking waiver of interest. 8. The fact of the matter is that th .....

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