9911796707
TMI Blog2010 (9) TMI 22X X X X Extracts X X X X X X X X Extracts X X X X ..... he Assessment years covered by each of the petitions. Since the orders passed under Section 264 of the said Act are identical and since the Petitions involving a common question, they are all heard together and disposed of. 3 The facts as disclosed above in each of the Petitions are as under: The Petitioner is an Indian National of Sikkimese origin. The Petitioner's profession is acting in flims. The Petitioner's original name is Tshering Pintso. The subject matter of the above Petitions are the Assessment Year 1997-98 to 2005-06. The Petitioner is seeking certain benefits which have been conferred on account of insertion of Section 10(26 AAA) by the Finance Act, 2008, which has been incorporated with retrospective e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , but it is established beyond doubt that the name of such individual's father or husband or paternal grandfather or brother from the same father has been recorded in that register;] 5 The said provision has been inserted with retrospective effect from 1-4-1990 by the Finance Act 2008, which received the assent of the President received on 10-5-2008. The said fact is relevant in the context of the issue, which arise for consideration in present Petitions. In terms of the said provision, the Petitioner being of Sikkimese origin claimed that the amounts that he has received as and by way of dividend and interest in each of the Assessment Years, would be exempt from tax by virtue of newly inserted provision. In so far as the above Writ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -3-2010, the Commissioner rejected the said Applications. The Commissioner has recorded the fact that the applications were filed pursuant to the introduction of Section 10(26 AAA) of the said Act, which has come into effect with retrospective operation from 1-4-1990 and, therefore, the assessee could apply for the said assessment year as also for the subsequent Assessment Years. Though the Commissioner accepted the fact of the introduction of Section 10(26 AAA) from 1-4-1990, the Commissioner observed that he is unable to entertain the Petition beyond the time limit prescribed in the said Act. The relevant excerpt of the impugned order is reproduced hereunder. " Although the amendment has necessitated this petition, the undersigned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g the application within the period prescribed and the Commissioner is satisfied with the reasons given by the Assessee for not filing the said application within the period prescribed, he may admit the application made after expiry of a period. Indubitably in the instant case, the Application under Section 264 came to be filed by the ] Petitioner on account of the introduction of Section 10(26AAA) which came into operation with retrospective effect from 1-4-1990. By the said provision the assessee, who is a Sikkimese by origin, was entitled to certain benefits, obviously there seem to be a rational in introducing the said provisions as may be the Government was of the view that the said benefit is required to be granted for the upliftment ..... X X X X Extracts X X X X X X X X Extracts X X X X
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