KANCHANBEN BHIKHABHAI SHAH vs. PRINCIPAL COMMISSIONER OF INCOME TAX 1
What did the High Court hold?
The High Court held that the Principal Commissioner erred in rejecting the revision petition solely on the ground of an unexplained nine-day delay. While acknowledging that the petitioner did not explicitly provide grounds for the delay, the Court noted that the delay was extremely small. The Court reasoned that the revisional authority, empowered by the proviso to section 264(3) to condone delay for sufficient cause, should have at least put the petitioner on notice to explain the delay before dismissing the petition. The Court emphasized that periods of limitation are for regulating proceedings and ensuring finality, but the clear provision for condoning delay suggests that such rights should not be defeated by minuscule, unexplained delays without an opportunity to rectify. Therefore, the Court condoned the delay and set aside the impugned order, reviving the revision petition for fresh adjudication on merits.
What were the facts?
The petitioner, Kanchanben Bhikhabhai Shah, an individual, filed a revision petition under section 264 of the Income Tax Act, 1961, before the Principal Commissioner of Income Tax. This petition concerned assessment orders for assessment years 2011-12, 2013-14, and 2014-15, where the Assessing Officer had decided against the petitioner regarding depreciation on a cold storage plant, reducing its returnable value by the government subsidy. The revision petition was filed with a delay of nine days. The Principal Commissioner rejected the petition solely on the ground that this delay was not explained, despite the statutory provision allowing condonation of delay for sufficient cause.
What were the issues?
1. Whether the Principal Commissioner was justified in rejecting the revision petition filed under section 264 of the Income Tax Act, 1961, solely on the ground of an unexplained delay of nine days, without affording the petitioner an opportunity to explain the delay, despite the proviso to section 264(3) empowering condonation for sufficient cause? Assessee's Contention: The assessee argued that the delay was minuscule and that the revisional authority, having the power to condone delay under section 264(3), should have at least provided an opportunity to explain the delay rather than summarily rejecting the petition. The assessee relied on the principle that periods of limitation are meant to regulate proceedings and ensure finality, but where a provision for condonation exists, it should be exercised judiciously, especially for minor delays. Revenue's Contention: The judgment does not record any specific contentions made by the revenue.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
ORAL ORDER (PER : HONOURABLE MR.JUSTICE AKIL KURESHI)
Petitioner has challenged an order dated 26.03.2018 passed by the Principal Commissioner of Income Tax, rejecting the petitioner's Revision Petition filed under section 264 of the Income Tax Act, 1961 ('the Act' for short) on the ground that there was no explanation of delay for filing such petition.
Facts in brief are as under.
Petitioner is an individual. With respect to the petitioner's returns for the assessment years 201112, 201314 and 201415, the Assessing Officer had passed orders of assessment, in which, the question of depreciation on the cold storage plant was decided by the Assessing Officer against the petitioner. He held that the return tune value of the cold storage plant must be reduced by the subsidy granted by the Government.
The petitioner filed a Revision Petition before the Principal Commissioner concerning assessment orders for all these three assessment years. Period of limitation prescribed under subsection (3) of section 264 of the Act for filing such petition is of one year from the date of communication or knowledge of the order. With the power of the revisional authority to condone delay on sufficient grounds being made out, the Revision Petition came to be dismissed by the Principal Commissioner by the impugned order on the ground that delay of nine days was not explained. He recorded that the assessee has not given any reason, let alone 'sufficient' reason for such delay.
Section 264 of the Act concerns the revisional powers of the Commissioner under subsection (1) of section 264. The Principal Commissioner or the Commissioner on an application by an assessee or even on his own, would call for the record of any proceedings under the Act in which any order has been passed and pass such order thereon after carrying out necessary inquiries, as he thinks fit. Subsection (3) of section 264 provides for the period of limitation of one year for filing application for revision before the Commissioner from the date on which the order was communicated to him or from the date otherwise he came to know of it, whichever is earlier. Proviso to subsection (3) further provides that the Principal Commissioner or the Commissioner if he satisfied that the assessee was prevented by sufficient cause from making such application within the period prescribed, admit the application even after expiry of such period.
Subsection (3) of section 264 of the Act thus while prescribing period of limitation, gives ample power to the Commissioner to accept an application filed beyond such period on sufficient grounds being made out.
In the present case, delay was extremely small. It is true that the petitioner did not set out ground to explain such delay either by filing a separate application or even in the revision petition. However, if the Commissioner was of the opinion that even such minuscule delay in absence of any explanation should be fatal to the Revision Petition, list he could have done was to put the petitioner to notice calling upon her to explain delay or face dismissal of the Revision Petition. Period of limitation for perusing remedies is provided under the statute to regulate the proceedings and to ensure finality beyond a reasonable period. Wherever the legislation desires that the period of limitation should be nonextendable, the intention is manifest in clear terms. In the present case, there is a clear provision for condoning the delay. Defeating the right of revision on the ground of unexplained delay in facts of the present case, could have been avoided by allowing the petitioner to file additional statement explaining such delay. When the delay is extremely small, we condone the same.
Impugned order dated 26.03.2018 is set aside. Revision Petition is revived and placed back for fresh adjudication and disposal on merits. Petition is disposed of. (AKIL KURESHI, J) (B.N. KARIA, J) ANKIT SHAH
More judgments on Section 264
- Murugaiah Althuri, Chittoor vs Income Tax Officer, Ward-1, ChittoorITA 2100/HYD/2026[2016-17]Status: Disposed16 Oct 2026AY 2016-17
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- Thasil Babu, Bengaluru vs Deputy Commissioner of Income Tax, Central…ITA 787/BANG/2025[2019-20]Status: Disposed24 Sept 2026AY 2019-20
- Thasil Babu, Bengaluru vs Deputy Commissioner of Income Tax, Central…ITA 786/BANG/2025[2019-20]Status: Disposed24 Sept 2026AY 2019-20
- Thasil Babu, Bengaluru vs Deputy Commissioner of Income Tax Office…ITA 785/BANG/2025[2018-19]Status: Disposed24 Sept 2026AY 2018-19
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