2018 (7) TMI 2196 - HC - Income Tax

Grant of exemption u/s 10(23C)(vi) - delay in filing application - HELD THAT - It was not disputed at the time of hearing that any delay in filing of application is fatal as opined by Hon'ble the Supreme Court in M/s Queen's Educational Society Versus Commissioner of Income Tax 2015 (3) TMI 619 - SUPREME COURT whereby, Division Bench judgment of this Court in Sant Baba Sunder Singh Canadian Charitable Turst, Barnala Versus Central Board of Direct Taxes and others 2010 (1) TMI 1286 - PUNJAB AND HARYANA HIGH COURT was upheld. Keeping in view the aforesaid enunciation of law and applying the same in the facts of the present case, we find that the application filed by the petitioner was beyond the permissible time and any delay in filing thereof cannot be condoned.

Summary

Issues: Impugning an order for exemption under Section 10(23C)(vi) of the Income Tax Act, 1961 due to delay in filing the application for the assessment year 2007-08.

The High Court judgment dealt with a petition challenging an order by the Chief Commissioner of Income Tax, Amritsar, which dismissed an application for exemption under Section 10(23C)(vi) of the Income Tax Act, 1961. The petitioner had been granted exemption for the assessment year 2006-07 but failed to file the application for the assessment year 2007-08 within the prescribed time limit. The court noted that the application for the subsequent year should have been filed before the close of the financial year 2006-07, i.e., by 31.03.2007. The delay in filing the application was considered fatal based on the Supreme Court's ruling in M/s Queen's Educational Society case, upholding a Division Bench judgment. The court applied this legal principle to the present case and concluded that the delay in filing the application could not be condoned. Consequently, the court found no error in the Chief Commissioner's decision and dismissed the writ petition challenging the order.

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