9911796707
TMI Blog2024 (10) TMI 490X X X X Extracts X X X X X X X X Extracts X X X X ..... he time period even if the date of filing is to be considered as 04.02.2023. The decision relied upon by respondent No. 1 is not applicable in the facts of the case as in the said case, no fees were paid as stipulated by the statutory provision and whereas in the facts of the present case, the petitioner paid the fees immediately on raising the objections by the respondent No. 1 and by payment of such fees, the objections raised is removed regularizing the Revision Application filed by the petitioner. Respondent No. 1 ought to have considered the Revision Application on merits rather than dismissing the same on technical grounds. The impugned order passed by the respondent No. 1 u/s 264 of the Act for the A.Y. 2020-21 is hereby quashed and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l on 07.12.2024 for the year under consideration. The case of the petitioner was selected for scrutiny and the Assessment Order was framed determining the income at Rs. 2,70,65,416/- after taking addition of Rs. 2,25,91,803/- under Section 11 (1) of the Act and Rs. 44,37,613/- under Section 11 (2) (a) of the Act as the assessee did not furnish the reply in response to the show-cause notice issued by the respondent Assessing Officer. Consequently, the demand for Rs. 132768721/- came to be raised pursuant to the Assessment Order. 5. The petitioner therefore being aggrieved preferred the Revision Application. However, the respondent No. 1 rejected the Revision Application on absolutely flimsy ground. The respondent No. 1 found out that the pet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion Application by observing as under:- 7 The facts available on the record and the submissions made by the assessee has been considered carefully and the arguments of the assessee are found not acceptable. As discussed above the provision of section 264 (5) stipulate that Every application by an assessee for revision under this section shall be accompanied by a fee of [five hundred] rupees. The usages of word Shall make the said provision of section 264 (5) of the Act as mandatory and further there is no provision to condone the delay in filing of mandatory fees prescribed therein. While adjudicating similar provision of payment of fees prescribed under the Act, while filing the appeal before the Tribunal, the Hon'ble ITAT, Hyderabad i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... um of appeals filed by the Revenue are hereby rejected as not maintainable. Further, the Hon'ble Hyderabad Tribunal in the case of Centre for Rural Studies Development Madakasira, reported in 45 taxmann.com 343 has dismissed the appeal filed before them for short payment of filing fees. 8. The assessee's contention that even after considering the date of payment of fees belatedly, the present application filed u/s 264 of the Act should be considered to be filed within the time limit prescribed u/s 264 (3) of the Act, is devoid of merits, as the issue is not as to whether the present application filed u/s 264 of the Act is within the time limit prescribed u/s 264 (3) of the Act, but the issue need to be decided as to whether in view ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the case, when the petitioner has already paid the fees on 04.02.2023, when the notice dated 03.02.2023 was served upon the petitioner there is sufficient compliance of provisions of Section 264 (5) of the Act coupled with the fact that the Revision Application filed by the petitioner was within the time period even if the date of filing is to be considered as 04.02.2023. 8. In view of above, the decision relied upon by respondent No. 1 is not applicable in the facts of the case as in the said case, no fees were paid as stipulated by the statutory provision and whereas in the facts of the present case, the petitioner paid the fees immediately on raising the objections by the respondent No. 1 and by payment of such fees, the objections rais ..... X X X X Extracts X X X X X X X X Extracts X X X X
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