2020 (9) TMI 926 - HC - Income Tax

Exemption under Section 10(23C) (vi) and (via) - appropriate authority for the purposes of grant of exemption u/s 10(23C)(vi) (via) - HELD THAT - Similar application(s) filed by the petitioner for the subsequent periods were dealt with by the competent authority. With respect to the year in question, it is the case of the Revenue that the application filed, if any, was not before the competent authority, and as such, none other than the authorized authority was under any obligation to deal with the same. We are in agreement. Even though the petitioner diligently pursued similar application for the period subsequent to the one in question, but did not take any steps for pursuing the application purportedly filed on 31 st of October, 2002/ refiled on 4th of February, 2003. For more than eight years petitioner allowed the matter to be slept over. Revenue does not admit filing of the application (Annexures P-1 and P-2), but only avers that neither any application was filed nor was it pending with the competent authority. In view of disputed question of fact, applying the ratio laid down in Commissioner of Income Tax Anr. v. Karnataka Planters Coffee Curing Work Private Limited 2016 (11) TMI 893 - SUPREME COURT we refrain from passing any order which the petitioner so desires - Petition dismissed.

Summary

Issues Involved:
1. Petitioner seeking relief to quash an order for the assessment year 2002-03 under Section 10(23C) of the Income Tax Act.
2. Petitioner requesting direction to accord approval under Section 10(23C) for the same assessment year.
3. Assessment proceedings concerning the claim for exemption under Section 10(23C) (vi) and (via) of the Income Tax Act, 1969.
4. Validity of the application submitted by the petitioner for exemption.
5. Failure of the petitioner to pursue the remedy in accordance with the law for over a decade.
6. Disputed question of fact regarding the application filed by the petitioner.
7. Revenue's contention that the application was not before the competent authority for the assessment year in question.

Detailed Analysis:

1. The petitioner sought relief to quash an order dated 26.8.2011 for the assessment year 2002-03 under Section 10(23C) of the Income Tax Act. The High Court declined to entertain the petition due to a disputed question of fact and the petitioner's failure to pursue any remedy in accordance with the law for almost a decade, citing the precedent set by the Apex Court.

2. The petitioner also requested a direction for the respondent to accord approval under Section 10(23C) for the assessment year 2002-03. The Chief Commissioner, Income Tax I, Patna, had dealt with the petitioner's claim for exemption under Section 10(23C) (vi) and (via) through an order dated 26th of August, 2011. The Court noted that the application submitted by the petitioner was time-barred and filed before the wrong authority, leading to the rejection of the claim.

3. The assessment proceedings were related to the claim for exemption under Section 10(23C) (vi) and (via) of the Income Tax Act for the Assessment Year 2002-03. The Court highlighted that the application submitted by the petitioner was crucial in determining the eligibility for exemption, which was found to be invalid due to being time-barred and filed before the wrong authority.

4. The validity of the application submitted by the petitioner for exemption was a key issue in the judgment. The Court pointed out that the application should have been filed before the appropriate authority within the specified timeline, failing which it would be considered invalid. The rejection of the petitioner's claim was based on the application being time-barred and not considered on its merits.

5. The Court emphasized the petitioner's failure to pursue the remedy in accordance with the law for over a decade, which played a significant role in the dismissal of the petition seeking relief. The delay in pursuing the application and addressing the issues raised therein led to the Court refraining from passing any order in favor of the petitioner.

6. A disputed question of fact arose regarding the application filed by the petitioner for exemption under Section 10(23C) for the Assessment Year 2002-03. The Court noted discrepancies in the application submission timeline and the authority before which it was filed, contributing to the rejection of the claim by the competent authority.

7. The Revenue contended that the application submitted by the petitioner for the assessment year in question was not before the competent authority, highlighting the importance of adhering to the procedural requirements for seeking exemption under Section 10(23C) of the Income Tax Act. The Court agreed with the Revenue's stance, further reinforcing the dismissal of the petitioner's claim based on procedural irregularities and the failure to pursue the remedy diligently.