9911796707
TMI Blog2018 (3) TMI 1362X X X X Extracts X X X X X X X X Extracts X X X X ..... ends of justice to quash and set aside the impugned order dated 26th February, 2015 of the Commissioner of Income Tax. The petitioners' application for compounding is restored to the stage when the order sheet noting on 21st February, 2014 was made by the Commissioner of Income Tax. The Revenue to now take further steps in accordance with law and as per procedure laid down by the CBDT in its above ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unding under section 279 of the Act inter alia on the ground that the petitioners had not paid compounding fees in terms of the order sheet noting dated 26th February, 2014. This the impugned order holds inspite of Notices dated 25th September, 2014 and 3rd February, 2015 being issued to the petitioner. 3. The grievance of the petitioners is that the order sheet noting dated 21st February, 2014 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uisite compounding charges within 60 days receipt of such intimation from the department. On assessee's request, the CCIT / DGIT may extend this period. 5.4 The CCIT/DGIT shall pass the order u/s 279(2) (as per specified format) as far as possible within 30 days of such payment. Where compounding charge is not deposited within the time allowed, the compounding petition may be rejected a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r of Income Tax was aware of its Pune address to which the earlier notice leading to the hearing on 21st February, 2014 had taken place. In fact, the Commissioner of Income Tax had also served notices to the petitioners' Bombay office and the Pune office earlier and this had enabled the petitioner to attend the hearing on 21st February, 2014 consequent to the receipt of the notice at their Pun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the nonpayment of compounding fees within the stipulated time. 6. Needless to state that the prosecution, which has been already launched is not being disturbed at this stage. It is made clear that the respondents would serve the notice upon the petitioners at their Pune office as reflected in the cause title of the petition. The notice should give sufficient time to enable the petitioners to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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