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2018 (5) TMI 1734

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..... R : HONOURABLE MR.JUSTICE AKIL KURESHI) 1. Petitioner has challenged an order dated 26.03.2018 passed by the Principal Commissioner of Income Tax, rejecting the petitioner's Revision Petition filed under section 264 of the Income Tax Act, 1961 ('the Act' for short) on the ground that there was no explanation of delay for filing such petition. 2. Facts in brief are as under. 3. Peti .....

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..... delay on sufficient grounds being made out, the Revision Petition came to be dismissed by the Principal Commissioner by the impugned order on the ground that delay of nine days was not explained. He recorded that the assessee has not given any reason, let alone 'sufficient' reason for such delay. 5. Section 264 of the Act concerns the revisional powers of the Commissioner under subsectio .....

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..... he application even after expiry of such period. 6. Subsection (3) of section 264 of the Act thus while prescribing period of limitation, gives ample power to the Commissioner to accept an application filed beyond such period on sufficient grounds being made out. 7. In the present case, delay was extremely small. It is true that the petitioner did not set out ground to explain such delay either .....

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