Gopalan Enterprises Vs PCIT (Karnataka High Court)
Karnataka High Court held that revision petition u/s. 264 of the Income Tax Act wrongly dismissed by holing that delay in filing revision petition cannot be condoned since the revisional authority already condoned the delay.
Facts- In relation to the assessment year 2014-15, the petitioner filed a revision petition under Section 264 of the Income Tax Act challenging the assessment order dated 31.12.2018. Along with the revision petition, the petitioner filed an application seeking condonation of delay of 82 days in filing the revision petition.
It is the grievance of the petitioner that after having condoned the delay in filing the revision petition, the respondent No.1 – Revisional Authority had committed an error in dismissing the revision petition on the ground that there was a delay and as such, the impugned order deserves to be set aside and the matter may be remitted back to the respondent No.1 for reconsideration of the revision petition on merits and also in accordance with law.
Conclusion- Held that the respondent No.1 – Revisional Authority has condoned the delay in filing the revision petition. After having done so, the respondent No.1 clearly fell in error in passing and in recording a diametrically opposite finding in the subsequent paragraph No.3.1 and by incorrectly holding that the delay cannot be condoned which is contrary to the earlier finding recorded by him and as such, the impugned order deserves to be set aside and the matter be remitted back to the respondent No.1 for reconsideration of the revision petition afresh on merits and in accordance with law within a stipulated time frame.
