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MANMOHAN, NAVIN CHAWLA
KLJ Organic Limited – Appellant
Versus
Commissioner Of Income Tax – Respondent
JUDGMENT
Manmohan, J. (Oral). - C.M.No.8883/2022
Exemption allowed, subject to all just exceptions.
Accordingly, the application stands disposed of.
W.P.(C) 3071/2022
1. Present writ petition has been filed challenging the order dated 27th March, 2021 passed by Commissioner of Income Tax (International Taxation) -2 ['CIT(IT)'] , New Delhi for the Assessment Year 2018-19. Petitioner also seeks a direction to the Respondent to consider the Revision Petition filed on behalf of the Petitioner under Section 264 Income Tax Act, 1961 ('the Act') on merits after condoning the delay in preferring the petition.
2. Learned counsel for the petitioner states that vide impugned order the Revision petition filed by the Petitioner under Section 264 of the Act was arbitrarily dismissed on the ground of limitation. He states that the Petitioner under the bona fide mistake of law and relying on previous orders passed by ITO and CIT(A) in favour of the Petitioner on the same issue, filed an appeal under Section 248 of the Act on 10th April, 2018 under the belief that the said order is appealable. He states that the Petitioner meticulously pursued the said appeal until June, 2019.
3. Learned Counsel for the
The main legal point established in the judgment is the application of Section 14 of the Limitation Act, 1963 to exclude the time spent in prosecuting the appeal without jurisdiction, and the entitle....
The main legal point established in the judgment is the application of Section 14 of the Limitation Act, 1963 to exclude time spent in prosecuting a proceeding bona fide in a court without jurisdicti....
Time spent pursuing an erroneous appeal is excluded under the Limitation Act, allowing for the timely filing of a subsequent Revision Petition.
The main legal point established in the judgment is that the rejection of the application for revision under Section 264 was erroneous in law, and the claim of the petitioner under Section 10(38) sho....
The Commissioner of Income Tax has the jurisdiction to consider the merits of a claim for deduction of exempted income in a revision application under Section 264 of the Income Tax Act, 1961, even if....
Revision u/s 263 valid for assessment omitting post-assessment Valuation report despite subsisting limitation; typographical errors curable; permissible despite pending appeal on undecided issues and....
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