JOSE THOMAS, vs. THE COMMISSIONER OF INCOME TAX
What did the High Court hold?
The High Court directed that if the petitioners file an application invoking Section 264 of the Income Tax Act, 1961, before the Jurisdictional Principal Commissioner, along with an application for condonation of delay, these applications shall be taken up, considered, and disposed of within a period of two months from the date of their filing. The petitioners were instructed to file the necessary applications within ten days from the date of receiving a certified copy of the judgment. The Court did not decide on the merits of the refund claim itself but rather on the procedural path to be followed. The principle is that procedural remedies, when invoked correctly and within stipulated timelines, should be considered by the authorities.
What were the facts?
The petitioners, Jose Thomas and Treasa Jolly, paid tax on capital gains arising from the compulsory acquisition of land under the Land Acquisition Rehabilitation and Resettlement Act, 2013. They later realized they were not liable to pay such tax. They approached the authorities through applications (Ext.P3 & P4) seeking a refund of the tax paid. The respondent department, through its Standing Counsel, suggested that the petitioners should file an application before the Commissioner of Income Tax invoking Section 264 of the Income Tax Act, 1961, along with an application for condonation of delay, for their application to be processed and considered.
What were the issues?
1. Whether the petitioners are entitled to a refund of tax paid on capital gains arising from compulsory acquisition of land under the Land Acquisition Rehabilitation and Resettlement Act, 2013. Assessee's contention: The petitioners argue that they were not required to pay tax on the capital gains as the amounts were received on account of compulsory acquisition of land under the specified Act. They have sought a refund of the tax paid. Revenue's contention: The revenue, through its Standing Counsel, contends that the petitioners must first file an appropriate application before the Commissioner of Income Tax invoking Section 264 of the Income Tax Act, 1961, along with an application for condonation of delay. Only then can the application be processed and considered.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
JUDGMENT
Petitioners have approached this Court stating that they paid certain amounts of tax on capital gains without being aware of the fact that they were not required to pay such tax as the capital gain arose out of amounts received on account of compulsory acquisition of land under the Land Acquisition Rehabilitation and Resettlement Act, 2013. It is submitted that the petitioners had approached the authorities through Ext.P3 & P4 applications for refund of the amount remitted as tax.
The learned Standing Counsel appearing for the respondent department submits that the petitioners will have to file an appropriate application before the Commissioner invoking Section 264 of the Income Tax Act along with an application for condonation of delay and only in such an event, the application can be processed and considered by the Commissioner.
Having heard the learned counsel for the petitioners and the learned counsel appearing for the respondent department, I am of the view that this writ petition can be disposed of directing that if the petitioners
WP(C) NO. 20066 OF 2022 3 file an application invoking Section 264 of the Income Tax Act before the Juri ictional Principal Commissioner along with an application for condonation of delay, those applications shall be taken up and considered and disposed of within a period of 2 months from the date on which such applications are filed. The petitioners shall file the necessary applications within a period of 10 days from the date of receipt of a certified copy of this judgment. This Writ Petition will stand disposed of as above. GOPINATH P. JUDGE ats
WP(C) NO. 20066 OF 2022 4
Appendix — schedule of exhibits
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
- Babu Gundlapalle, Chittoor vs Income Tax Officer, Ward-1, ChittoorITA 2093/HYD/2026[2016-17]Status: Disposed16 Oct 2026AY 2016-17
- 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
Recent GST High Court judgments
Search GST case law →- M/S Shreekanth Enterprises vs. Joint Commissioner AppealsUttarakhand · 14 Oct 2026
- Sharad Ashok Agarwal vs. State Of Maharashtra Through G.P. And OrsBombay · 14 Oct 2026
- Md. Akhtar Ansari, Proprietor Of M/S Indian Associates vs. State Of Jharkhand, Through Commissioner Of State Tax, Commercial Tax Dept.Jharkhand · 14 Oct 2026
- M/S. Amarjothi Granites (INDIA) PVT. LTD., Berhampur, Ganjam vs. The Commissioner, Commercial Tax And GST, Odisha, CuttackOrissa · 14 Oct 2026
- M/S. Mishka Steels LLP And Anr. vs. The Superintendent Of Central Goods And Service Tax, Cx, Range-Ii, Behala Div. And Ors.Calcutta · 14 Oct 2026