TaxTMI 
TaxTMI 
2017 (11) TMI 1606
X X X X Extracts X X X X
X X X X Extracts X X X X
....he revised return of income for the Assessment Year 1997-98 under Section 119(2)(b) of the Income Tax Act, 1962 (for short 'the Act'). 2. The operative portion of the impugned order dated 05.07.2016 is quoted below for ready reference: "4.2 On perusal of the facts and circumstances of the applicant's petition, it is to state that, the instant case doesn't fall under the purview of the Board's Circular for the following reasons; i. Board's Circular No.9/2015 specifies that, the claim of refund/supplement claim of refund should be arisen as a result of excess tax deducted/collection at source/or excess advance tax payment and/or excess payment of self-asst tax as per the provision of Act. Whereas in the instant case....
X X X X Extracts X X X X
X X X X Extracts X X X X
....Suprement Court. v. This fact clearly shows that the claim of deduction u/s 80HHC when the deduction/s 80IA was already claimed is debatable. The applicant may be eligible for deduction u/s 80HHC in view of decision of Hon'ble Supreme Court in the case of CIT v. Silver and Arts Palace 259 ITR 684 (supra). But the applicant has already claimed deduction u/s 80IA of IT Act in the revised return of income also and therefore, it is debatable. Hence a debatable claim cannot be the matter of condonation petition. 5. The CCIT can condone the delay in filing the return by exercising the delegated jurisdiction as per the Board Circular No.9/15 dated 09.06.2015. The exercise of power is confined to the authority delegated and ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....time to time to deal with the applications for condonation of delay in filing returns claiming refund and returns claiming carry forward of loss and set-off thereof under section 119(2)(b) of the Income-tax Act, (the Act) the present Circular is being issued containing comprehensive guidelines on the conditions for condonation and the procedure to be followed for deciding such matters. 2. The Principal Commissioners of Income- tax/Commissioners of Income-tax (Pr. CsIT/CsIT) shall be vested with the powers of acceptance/rejection of such applications/claims if the amount of such claims is not more than Rs. 10 lakhs for any one assessment year. The Principal Chief Commissioners of Income-tax/Chief Commissioners of Income-tax (Pr. CCs....
X X X X Extracts X X X X
X X X X Extracts X X X X
....)(b), it shall be ensured that the income/loss declared and/or refund claimed is correct and genuine and also that the case is of genuine hardship on merits. ii. The Pr. CCIT/CCIT/Pr.CIT/CIT dealing with the case shall be empowered to direct the jurisdictional assessing officer to make necessary inquiries or scrutinize the case in accordance with the provisions of the Act to ascertain the correctness of the claim. 6. A belated application for supplementary claim of refund (claim of additional amount of refund after completion of assessment for the same year) can be admitted for condonation provided other conditions as referred above are fulfilled. The powers of acceptance/rejection within the monetary limits delegate....
X X X X Extracts X X X X
X X X X Extracts X X X X
....of this Circular. However, no review of or appeal against the orders of such authorities would be entertained by the Board." 5. Having heard learned counsel for the petitioner, this Court is of the opinion that firstly, the condonation of delay is a discretionary matter and a fair exercise of discretion cannot be interferred with in exercise of the extra jurisdiction under Article 226 of the Constitution of India. This Court does not find anything arbitrary in the impugned order passed by Respondent No. 1. 6. Moreover, admittedly, the claim of the petitioner both under Sections 80HHC and 80-IA of the Act, is an issue which is highly debatable. As is recorded in the impugned order also, the matter is pending before the larger Bench of ....