1994 (2) TMI 16

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....on under the statute, especially with regard to the deduction under section 80U of the Act. The brief facts are following: The petitioner as mentioned above is a chartered accountant. Some time in January, 1974, he had a stroke on account of which he was partially disabled from attending to his regular work. In the hope that he would be alright in due course, he did not claim the benefit of section 80U(ii) of the Act while submitting the income-tax returns. Unfortunately, the ailment became worse and he was obliged to retire from the partnership. Further, the petitioner was under the impression that as per the provision, only permanent disability will entitle an individual to invoke section 80U(ii) of the Act. Subsequently, he came to kn....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....titioner, as soon as the petitioner became aware of the position, within a year, the application was filed before the Income-tax Officer and there was no undue delay on the part of the petitioner. He also cited two decisions to the effect that because the particular individual was a lawyer or a chartered accountant, he cannot be taken as knowing the provisions or of the notifications issued by the Department and there is possibility of the practitioner missing the circular or the provision of law. In Concord of India Insurance Co. Ltd. v. Smt. Nirmala Devi [1979] 118 ITR 507, the Supreme Court held as follows: "..... that the law is settled that mistake of counsel may in certain circumstances be taken into account in condoning the delay ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....fficer should--- (a) draw their attention to any refunds or reliefs to which they appear to be clearly entitled but which they have omitted to claim for some reason or the other; (b) freely advise them when approached by them as to their rights and liabilities and as to the procedure to be adopted for claiming refunds and reliefs." The above extracted circular may not help the petitioner on the facts. The decision of the Supreme Court is, however, helpful to the petitioner in challenging the order of the Commissioner. Mr. N. V. Balasubramaniam, learned counsel, appearing for the respondents, however, submitted that having regard to the fact that the assessments were completed long earlier and the petitioner having not complied w....