1995 (2) TMI 60

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....ndia. Briefly stated, the facts of the case are that the petitioner is a partner of the firm bearing the name and style of Opal Fine Chemicals Industries, which carries on business at Indore. The firm was constituted on April 28, 1953, and carries on the business of manufacture and sale of cosmetic chemicals. It was assessed to income-tax for the first assessment year, i.e., 1974-75. The firm o....

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.... in limine on March 3, 1984, as time-barred. An application of the petitioner for condonation of delay in submitting the appeals for these two years was also rejected by the Commissioner of Income-tax (Appeals). The present petitions under section 264 have been filed on July 27, 1984, and are thus late by nearly four months. The petitioner filed an application dated February 21, 1985, and a writte....

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....e-tax (Appeals) was passed on March 3, 1984. Counsel for the respondents submitted that if the order disposing of the application seeking condonation of delay is demolished, then the matter may be left to the discretion of the authority for reconsideration of the application afresh and that the respondents may be left free to object to the prayer of condonation of delay. In Collector, Land A....