TMI Blog2004 (7) TMI 46X X X X Extracts X X X X X X X X Extracts X X X X ..... ct of the residential house property and not in respect of any commercial property - petitioners prayed that the Assessing Officer be directed to grant exemption under section 5(vi) for the aforesaid assessment years 1994-95 to 2001-02 in respect of the petitioners' office premises – petition allowed - - - - - Dated:- 16-7-2004 - Judge(s) : M. S. SHAH., D. A. MEHTA. JUDGMENT The judgment of the court was delivered by M.S. Shah J. - Rule. Mr. Manish R. Bhatt, learned standing counsel waives service of rule for the respondent. In the facts and circumstances of the case, the petition is taken up for final disposal today. These two petitions are directed against two separate orders dated March 8, 2004 and March 9, 2004, respective ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioners prayed that the Assessing Officer be directed to grant exemption under section 5(vi) for the aforesaid assessment years 1994-95 to 2001-02 in respect of the petitioners' office premises situate at Nagindas Chambers, Ashram Road, Ahmedabad. The Commissioner heard learned counsel for the assessees and held that although the petition under section 25 was required to be made within a period of one year, the petitioners had filed the revision petition beyond the period of limitation and that there was nothing to show that the assessees were prevented from making applications within the prescribed time. Ignorance of the petitioners and their chartered accountant cannot be a ground for condoning the delay; otherwise there will be no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessment year 1998-99, there was delay of two years and two months. For the assessment year 1997-98, there was delay of two years and 11 months. Learned counsel states at the hearing that the petitioners do not press their claim for exemption for the assessment years 1994-95, 1995-96 and 1996-97 when the amounts involved were small. The petitioners press their challenge to the decision of the Commissioner in so far as the Commissioner has refused to condone the delay in filing the revision petitions for the assessment year 1997-98 onwards. Learned counsel has placed strong reliance on the decision of the apex court in the case of Collector, Land Acquisition v. Mst. Katiji [1987] 167 ITR 471 wherein the apex court has held that technica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt year 1994-95 without considering the fact that for every subsequent assessment year there was lesser delay in filing the revision petition. Up to March 31, 1993, clause (iv) of section 5 of the Act read as under "one house or part of a house belonging to the assessee and exclusively used by him for residential purposes." The underlined words came to be omitted by the Finance (No. 2) Act, 1971 with effect from April 1, 1972 and the exemption continued till March 31 1993. Clause (iv) came to be omitted by the Finance Act, 1992, with effect from April 1, 1993, with the result the exemption was not available for the assessment year 1993-94. However, with effect from April 1, 1994, the said amendment came to be inserted as clause (vi) w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se petitions are allowed. After recording the concession of Mr. R.K. Patel on behalf of the petitioners that the petitioners do not press their claim for exemption under section 5(vi) for the assessment years 1994-95 to 1996-97 and after holding that there was no delay on the part of the petitioners in claiming exemption under section 5(vi) for the assessment year 2001-02, we quash and set aside the impugned order dated March 8, 2004 (annexure H in SCA No. 6664 of 2004) and order dated March 9, 2004 (annexure G in SCA No. 6665 of 2004) and remand the matter to the Commissioner of Income-tax, Ahmedabad, for deciding the revision petitions on the merits for the assessment years 1997-98 to 2000-01. Rule is made absolute to the aforesaid exte ..... X X X X Extracts X X X X X X X X Extracts X X X X
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