2015 (2) TMI 499 - HC - Income Tax

Grant of exemption and continuance thereof u/s 10(23C) rejected - application rejected as barred by one day's delay - power of Chief Commissioner of Income Tax to condone the delay - Held that - There is no power for the Chief Commissioner of Income Tax to condone the delay. Thus, the question is left open. However, having regard to the fact situation, as there is a delay of only one day in presenting the application under Section 10(23C)(vi), this Court, exercising extra-ordinary jurisdiction under Article 226 of the Constitution of India, condones the delay of one day in filing the application and remits back the matter to the Chief Commissioner of Income Tax/the first appellant herein, for consideration of the respondent/writ petitioner's application, on its own merits and in accordance with law. We make it clear that this order shall not create any precedent as delay is being condoned by this Court, exercising extra-ordinary jurisdiction in respect of delay of one day. Decided in favour of assessee.

Summary

Issues:
Challenge to the legality and validity of the order under Section 10(23C)(vi) of the Income Tax Act due to delay in application.

Analysis:

1. Issue of Competency to Condone Delay:
The respondent challenged the rejection of their application for exemption under Section 10(23C)(vi) of the Income Tax Act due to a one-day delay. The Writ Court initially accepted the respondent's contention that the Chief Commissioner of Income Tax had the power to condone the delay, citing a judgment from the High Court of Orrisa. However, the appellants argued that there was no provision in the Income Tax Act for condonation of delay in such applications. They referred to another judgment from the Orissa High Court that supported their position.

2. Reconsideration of Competency:
The High Court acknowledged the conflicting judgments and noted that the issue of the Chief Commissioner's competency to condone the delay needed re-consideration. Upon examining the relevant provisions, the Court found that there was indeed no explicit power for the Chief Commissioner to condone such delays. Therefore, the question of competency remained unresolved.

3. Decision and Remittance:
Despite the lack of explicit power, the High Court, in the exercise of its extraordinary jurisdiction under Article 226 of the Constitution of India, decided to condone the one-day delay in filing the application. The Court remitted the matter back to the Chief Commissioner for a fresh consideration of the respondent's application on its merits and in accordance with the law. The Court clarified that this decision should not set a precedent, as it was an exceptional instance of condoning a minor delay.

4. Modification of Impugned Order:
Consequently, the High Court modified the order of the Writ Court and directed the Chief Commissioner of Income Tax to reconsider the application. The writ appeal was disposed of accordingly, with no costs imposed. The connected Miscellaneous Petition was closed as well.

In conclusion, the judgment addressed the issue of condonation of delay in applications for exemption under the Income Tax Act, emphasizing the Court's discretionary power to intervene in exceptional cases. The decision provided clarity on the competency of the Chief Commissioner of Income Tax in such matters and highlighted the Court's role in ensuring fair consideration of applications despite procedural delays.