TMI BlogCondonation of Delay in Taxation in filing applications for registration u/s 12A/12AA:X X X X Extracts X X X X X X X X Extracts X X X X ..... the Income Tax Appellate Tribunal's decisions on two crucial legal issues: the condonation of delay in filing applications for registration under Section 12A / 12AA of the Income Tax Act, 1961 , and the setting aside of an order under Section 263 of the same Act. This case presents an intricate exploration of procedural aspects of tax law, the principles governing judicial discretion in c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the extent of judicial discretion in these matters. Legal Framework and Precedents The principle of condonation of delay is rooted in ensuring that justice is not hindered by procedural technicalities. Landmark judgments, including Collector, Land Acquisition v. MST. Katiji Ors. , and N. Balakrishnan v. M. Krishnamurthy , have underscored a liberal approach towards condoning delays. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aside an order under Section 263 of the Income Tax Act , which allows for the revision of orders perceived as prejudicial to the interests of revenue. Legal Examination The Tribunal's power under Section 263 is a potent tool for ensuring that tax assessments adhere to the legal framework. However, its exercise demands careful scrutiny. The Tribunal, in its decision, delved into the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tional or unreasonable, deviating from established legal principles. Legal Standards for Perversity The jurisprudence surrounding the concept of perversity in tribunal decisions is well-established. A decision is considered perverse if it lacks evidentiary support, is unreasonable, or blatantly disregards the law or facts. Reference to cases like Sree Meenakshi Mills Ltd. v. CIT and CIT v ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecific circumstances of the case and the broader principles of law. The focus on substantial justice, the separation of the entity from the actions of its individual members, and the careful assessment of the perversity of the orders reflect a nuanced understanding of the legal and factual complexities involved. Full Text : 2013 (1) TMI 157 - DELHI HIGH COURT - FAQ - Frequently ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
