| Case ID |
2aefe55c-d870-4f7d-b3f7-159cc84ab3ca |
| Body |
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| Case Number |
D-2741 of 2016 |
| Decision Date |
Sep 12, 2002 |
| Hearing Date |
Sep 12, 2001 |
| Decision |
The petition challenging the rejection of the application for extension of time under section 80HHC(2)(a) of the Income-tax Act was dismissed. The court held that the petitioner failed to demonstrate due diligence in bringing the sale proceeds within the prescribed time frame. The application for extension was filed significantly after the stipulated period, and the reasons provided were insufficient to warrant an extension. The petitioner had also not acted promptly after receiving notice under section 148 and took over sixteen months to file the return. The court emphasized that the discretion of the Commissioner of Income-tax in granting extensions must be exercised judiciously and based on objective considerations, which the petitioner did not meet. |
| Summary |
In the case of Mountview Exports P. Ltd. vs. Commissioner of Income Tax, the petitioner, an exporter of tea, sought a deduction under section 80HHC of the Income-tax Act for the assessment year 1994-95. The petitioner filed a return late and requested an extension for realizing export proceeds, which was denied by the Commissioner due to lack of evidence showing that the delay was beyond their control. The court upheld the Commissioner's decision, emphasizing the importance of timely compliance with tax regulations and the necessity for the petitioner to demonstrate due diligence. Key points include the rejection of the extension application based on procedural delays and the failure to provide adequate justification for the circumstances that led to the delay. This case highlights the strict adherence to tax deadlines and the implications of failing to act promptly in tax-related matters. |
| Court |
Calcutta High Court
|
| Entities Involved |
Commissioner of Income Tax,
Mountview Exports P. Ltd.
|
| Judges |
M.H.S. ANSARI
|
| Lawyers |
Sumit Talukdar,
B.R. Bhattacharya,
S. Dasgupta,
S.R. Kakrania,
D.K. Shome,
Md. Nizamuddin
|
| Petitioners |
Mountview Exports P. Ltd.
|
| Respondents |
Commissioner of Income Tax
|
| Citations |
2002 SLD 2892,
(2002) 258 ITR 46
|
| Other Citations |
Geekay Exim (India) Ltd. v. CIT [1998] 234 ITR 560,
Mayor & Co. v. CIT [2001] 248 ITR 162,
Azad Tabacco Factory (P.) Ltd. v. CIT [1997] 225 ITR 1002,
Raja Jagdambika Pratap Narain Singh v. CBDT [1975] 100 ITR 698,
D.B. Exports (India) v. CIT [1998] 231 ITR 836
|
| Laws Involved |
Income-tax Act, 1961
|
| Sections |
80HHC
|