KLJ ORGANIC LIMITED Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) Present writ petition has been filed challenging the order dtd. 27/3/2021 passed by Commissioner of Income Tax (International Taxation) -2 ['CIT(IT)'] , New Delhi for the Assessment Year 2018-19. Petitioner also seeks a direction to the Respondent to consider the Revision Petition filed on behalf of the Petitioner under Sec. 264 Income Tax Act, 1961 ('the Act') on merits after condoning the delay in preferring the petition.

(2.) Learned counsel for the petitioner states that vide impugned order the Revision petition filed by the Petitioner under Sec. 264 of the Act was arbitrarily dismissed on the ground of limitation. He states that the Petitioner under the bona fide mistake of law and relying on previous orders passed by ITO and CIT(A) in favour of the Petitioner on the same issue, filed an appeal under Sec. 248 of the Act on 10/4/2018 under the belief that the said order is appealable. He states that the Petitioner meticulously pursued the said appeal until June, 2019.

(3.) Learned Counsel for the Petitioner states that the Petitioner came to know that the said appeal is not maintainable as the Petitioner had not paid the tax determined in the order passed under Sec. 195(2) of the Act. He states that the Petitioner, immediately thereafter, without wasting any time, withdrew the appeal vide letter dtd. 7/6/2019 and filed a Revision Petition under Sec. 264 of the Act within four days i.e 11/6/2019 against the order dtd. 16/3/2018 passed by the ITO.