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TMI Blog2016 (12) TMI 415X X X X Extracts X X X X X X X X Extracts X X X X ..... urt in terms of the proceedings dated 4.8.2016 issued by the third respondent. 3. The issue lies in a narrow compass. The petitioner, upon retirement, filed his return of income for the relevant year and the assessment was finalized. Subsequently, the petitioner came to know that the Hon'ble Supreme Court, in the case of S.Palaniappan Vs. I.T.O. [Civil Appeal No. 4411 of 2010 dated 28.9.2015] held that a person, who has opted for voluntary retirement under the Early Retirement Option Scheme shall be entitled to exemption under Section 10(10C) of the Income Tax Act, 1961 (hereinafter referred to as the Act). Following the said decision, the Central Board of Direct Taxes issued a circular dated 13.4.2016 stating that the judgment of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an Vs. A.C.I.T. [W.P.(MD) No.3263 of 2012 etc. cases dated 10.9.2012]. 7. Mr.J.Narayanasamy, learned Senior Standing Counsel for the Revenue has referred to Section 139(5) of the Act and contended that when the said provision stipulates the outer time limit, within which, the assessee is entitled to file a revised return of income, this has been rightly taken note of by the third respondent, as the third respondent is not entitled to entertain a revised return beyond the statutory time limit. It is further submitted that the petitioner can always move the Central Board for appropriate relief, which is entitled to consider the grant of exemption. 8. After hearing the learned counsel for the parties and perusing the materials placed on reco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f proper and efficient management of the work of assessment and collection of revenue, issue, from time to time (whether by way of relaxation of any of the provisions of the Act as mentioned therein, general or special orders in respect of any class of income or fringe benefits or class of cases, setting forth directions or instructions as to the guidelines, principles or procedures to be followed by other Income-Tax Authorities in the work relating to assessment or collection of revenue or the initiation of proceedings for the imposition of penalties and any such order may be made if the Board is of opinion that it is necessary in the public interest. It is relevant to point out that one of the provisions, which are listed out under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... default is due to circumstances beyond the control of the assessee and (ii) the assessee has complied with the requirement before the assessment in relation to previous year, in which, such deduction is claimed. 13. Thus, if the default in complying with the requirement was due to circumstances beyond the control of the assessee, the Board is entitled to exercise its power and relax the requirement contained in Chapter IV or Chapter VI-A. If such a power is conferred upon the Board, this Court, while exercising jurisdiction under Article 226 of The Constitution of India, would also be entitled to consider as to whether the petitioner's case would fall within one of the conditions stipulated under Section 119(2)(c). 14. Considering th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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