1999 (6) TMI 17 - HC - Income Tax

Summary

Issues:
1. Interpretation of the term "pending" under the Kar Vivad Samadhan Scheme, 1998.
2. Validity of a belated revision petition without reasons for delay.
3. Application for condonation of delay in filing a revision petition.
4. Discretion of the Commissioner to condone delay in revision petitions.

Analysis:
1. The main issue in this case revolves around the interpretation of the term "pending" under the Kar Vivad Samadhan Scheme, 1998. The petitioner argued that "pending" should mean undecided and include legal proceedings from commencement until conclusion. Citing the judgment in Mela Ram and Sons v. CIT [1956] 29 ITR 607 (SC), where it was held that an appeal filed out of time is still considered an appeal, the petitioner contended that the revision petition should be considered pending despite being belated.

2. The Court analyzed the situation and emphasized the importance of filing a revision petition within the prescribed time limit under the Income-tax Act. It noted that a belated revision petition without reasons for delay does not meet the requirements of section 264. The Court highlighted that even when a notice was issued to the petitioner regarding the delay, no steps were taken to seek condonation of delay. Consequently, the Court concluded that without a valid application for condonation of delay, the revision petition cannot be considered pending.

3. Another crucial aspect addressed in the judgment is the requirement for an application for condonation of delay in filing a revision petition. The Court pointed out that under the Income-tax Act, there is a provision to condone delay in filing revisions. However, the Court stressed that the belated filing of a revision petition must be supported by a valid application for condonation of delay to maintain the pendency of the revisional proceedings before the Commissioner.

4. Lastly, the judgment delves into the discretion of the Commissioner to condone delay in revision petitions. It highlighted that the Commissioner has the authority to consider applications for condonation of delay and decide whether there is sufficient cause for condonation. In this case, since the petitioner failed to provide reasons for the delay and did not submit an application for condonation of delay, the Court upheld the Commissioner's decision to dismiss the revision petition.

In conclusion, the Court dismissed the petition, emphasizing the importance of adhering to procedural requirements, including filing revision petitions within the prescribed time limit and providing valid reasons for any delays to ensure the proper maintenance of legal proceedings under the Kar Vivad Samadhan Scheme, 1998.