PARIJAT CHEMICALS PRVATE LIMITED Vs. INCOME TAX OFFICER

JUDGEMENT

(1.) THIS is a petition under Article 226/227 of the Constitution of India.

(2.) BRIEFLY stated, the facts of the case are that the petitioner is a private limited company incorporated and registered under the Companies Act. Dr. V.V. Devsthale is its director. The petitioner carries on the business of manufacture of fine aromatic chemicals, perfumery, compounds, drugs, intermediates, etc., and also of taking over as a going concern, the partnership business carried on under the name and style of Sunita Aromatics, Indore. The firm was assessed to income-tax for the first assessment year, i.e., 1974-75. The firm obtained registration under the relevant provisions of the Income-tax Act, 1961. Various assessment orders were passed. The petitioner filed returns showing losses at Rs. 1,74,510 and Rs. 2,29,947 for the assessment years 1978-79 and 1980-81, respectively. For non-compliance with the notices under Section 143(2), the Income-tax Officer completed the assessments ex parte determining the total income at Rs. 3 lakhs and Rs. 5 lakhs, respectively. It appears that the petitioner did not file any application under Section 146 against the assessment orders passed by the Income-tax Officer. The petitioner preferred appeals against these assessment orders on January 10, 1984, before the Commissioner of Income-tax (Appeals-I), Indore. These two appeals were dismissed by the Commissioner of Income-tax (Appeals) 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 written submission dated March 5, 1985. Aggrieved by the order passed by respondent No. 4 (Commissioner of Income-tax, Bhopal), under Section 264 of the Income-tax Act, 1961 (annexure-P-23), the petitioner has filed this writ petition.

(3.) THE application under Section 264 of the Act was filed on July 27, 1984, and was barred by nearly four months as the order of the Commissioner of Income-tax (Appeals) was passed on March 3, 1984.