2024 (7) TMI 1684 - HC - Income Tax

Appeal allowed; 530-day delay condoned as bona fide due to pursuing statutory review, matter remitted for fresh adjudication

Sidharth Co-operative Credit & Thrift Society Limited Versus The Income Tax Officer, Ward 2 (1), Bhilai (C.G.)

HC allowed the appeal, condoned a 530-day delay in filing the appeal before the ITAT, and held the period spent pursuing statutory rectification/review ... Delay of 530 days in filing the appeal before the ITAT - eligible reasons of delay - appellant has already availed a forum under the Income Tax Act, 1961 for rectification whether such period spent therein should have been favourably considered - HELD THAT:- The remedy availed which is available under the statute, cannot be said to have been branded with the delay, it was eventually when the prayer for rectification in the appeal were dismissed, the appellant came back to the original order which was already available to him and filed the appeal. The order of the ITAT which records that there has been a delay of one month and four days, even after dismissal of the second appeal on 27.10.2023. We do not concur as the time which has been explained prima facie shown to be bona fide. The record shows that the time spent diligently pursuing the review/ rectification application ought to have been condoned and the facts has to be seen in a cluster not in fagment. Consequently, we allow the appeal and condone the delay of 530 days in filing the appeal before the ITAT and remit back the case to the ITAT to adjudicate afresh, in accordance with law. ISSUES PRESENTED AND CONSIDERED 1. Whether the delay of 530 days in filing an appeal before the Appellate Tribunal should have been condoned where the appellant had, after dismissal of an initial appeal, pursued a statutory rectification remedy under Section 154 and subsequent appeals challenging the rejection of that rectification application. 2. Whether time spent in diligently pursuing a remedy outside the prescribed appellate period (rectification/review proceedings) is excludable for the purpose of condonation of delay under the Limitation Act principles. ISSUE-WISE DETAILED ANALYSIS Issue 1 - Condonation of 530-day delay where rectification and consequent appeals were pursued Legal framework: The statutory scheme permits rectification under Section 154 against orders which contain apparent mistakes; separate statutory time-limits exist for filing appeals to the Appellate Tribunal. The Limitation Act principle (Section 14) contemplates exclusion of time spent in pursuing a remedy outside the prescribed period when considering condonation of delay. Precedent Treatment: The Court examined and relied upon the principle expounded by the Supreme Court that time diligently spent in pursuing a review/rectification may be considered for condonation of delay in filing an appeal, where the review/rectification pertains to the same order and was bona fide pursued. Interpretation and reasoning: The Court found that the appellant, after an adverse order in the first appeal, legitimately invoked the statutory rectification remedy; the rectification was rejected and that rejection itself was appealed through available appellate channels up to the Appellate Tribunal. The Court reasoned that had rectification succeeded, subsequent appeals would have been rendered infructuous, showing the centrality of the rectification proceedings to the dispute. The Court emphasized that the period spent in pursuing rectification/related appeals ought to be viewed together with the whole conduct (a 'cluster') rather than in isolated fragments. The Tribunal's finding that a further month-plus delay remained unexplained after dismissal of the second appeal was not accepted because the record prima facie showed bona fide prosecution of the rectification remedy and justified exclusion of the intervening period. Ratio vs. Obiter: Ratio - Time diligently spent in pursuing a statutory rectification remedy which pertains directly to the subject matter of an appeal can be excluded and justify condonation of delay in filing the appeal where the pursuit is bona fide and would have rendered subsequent proceedings infructuous if allowed. Obiter - Observations on detailed calculations of intervening days or on other fact patterns where rectification is not closely connected to the appeal. Conclusions: The Court held that the 530-day delay should be condoned because the appellant had bona fide pursued the rectification remedy and subsequent appeals; time spent in that pursuit is excludable and the Tribunal erred in refusing condonation. The matter is remitted to the Tribunal for fresh adjudication on merits. Issue 2 - Application of Limitation Act principles to exclusion of time spent in pursuing remedies outside the prescribed period Legal framework: Principles allowing exclusion of time under the Limitation Act apply where a litigant diligently pursues an alternative or ancillary remedy outside the formal appellate period; courts may condone delay if the period is shown to have been occupied by bona fide pursuit of such remedy. Precedent Treatment: The Court followed the established principle that where a party has diligently pursued a review/rectification and that pursuit is connected to the appealable order, courts will consider condoning the delay in the subsequent appeal on account of time spent in the intermediary proceedings. Interpretation and reasoning: The Court applied the Limitation Act principle to the admitted facts and concluded that the period during which the rectification application and its appeals were pursued falls within the class of time that may be excluded. The Court rejected a fragmented approach that isolates a short unexplained period after final dismissal of rectification-related proceedings, holding instead that the overall conduct - including the nature and connection of the rectification proceedings to the main order - must be assessed cumulatively to determine bonafide prosecution and entitlement to condonation. Ratio vs. Obiter: Ratio - The Limitation Act principle of excluding time spent pursuing a remedy outside the prescribed appellate period applies where such pursuit is bona fide, diligently prosecuted, and directly connected to the order sought to be appealed. Obiter - Remarks on procedural strategy choices between direct appeal and seeking rectification or on the proper quantum of delay that may be excused in different scenarios. Conclusions: Time spent in pursuing the rectification and attendant appeals was properly excluded in computing limitation; thus, the Tribunal should have condoned the delay. The Court answered the legal question in favor of condonation and remitted the matter for rehearing on merits. Cross-reference The Court's conclusions on both issues are interdependent: the acceptance of the Limitation Act principle (Issue 2) directly governs the result on the condonation of the 530-day delay (Issue 1); the two issues were therefore considered and resolved together in favor of excusing the delay and ordering fresh adjudication by the Appellate Tribunal.