2015 (2) TMI 499

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....ntra-court appeal arises from the order dated 7.11.2014 passed in W.P.No. 33485 of 2012. 2. The respondent, who was the petitioner, questioned the legality and validity of the order dated 29.10.2010 passed under Section 10(23C)(vi) of the Income Tax Act, 1961 (for short "the Income Tax Act"), rejecting his application for the purpose of grant of exemption and continuance thereof, on the ground th....

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....ommissioner of Income Tax has inherent power under Section 10(23C)(iv) of the Income Tax Act to condone the delay. The said Section is a special provision for filing under Chapter III of the Income Tax Act. 5. Shri. Promodkumar Chopda, learned Standing Counsel for the appellants, submits that the decision of the Orissa High Court in PADMASHREE KRUTHARTH ACHARYA INSTITUTE OF ENGINEERING AND TECHNO....

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....uires re-consideration. 7. On a perusal of the relevant provisions, it is evident that there is no power for the Chief Commissioner of Income Tax to condone the delay. Thus, the question is left open. However, having regard to the fact situation, as there is a delay of only one day in presenting the application under Section 10(23C)(vi), this Court, exercising extra-ordinary jurisdiction under Ar....