Pinaki Chandra Ghose, J. - (1.) The stibject-matter of challenge in this writ application is an order dated October 3, 1997, passed by the Commissioner of Income-tax under Section 80HHC(2) of the Income-tax Act, 1961 (hereinafter referred to as "the said Act"), for the assessment year 1995-96.
(2.) By the said impugned order, the Commissioner of Income-tax has rejected the prayer of the writ petitioner for extension of time for realisation of export proceeds under Section 80HHC(2) of the said Act, inter alia, on the ground that the said extension application was filed after the expiry of six months from the end of the previous year.
(3.) The case of the writ petitioner is that the said order is illegal and in violation of natural Justice inasmuch as the Commissioner did not examine on merits the question as to whether the delayed realisation of the export proceeds was fot reasons beyond the assessee's control. It further appears from the records that according to the Commissioner an application for extension of time should be made before the expiry of the period of six months from the end of the previous year within which the export proceeds were required to be realised and in any event before the return was filed and could not be made thereafter. Mr. Bajoria, appearing on behalf of the writ petitioner, submitted that on two1 occasions in the earlier years the Commissioner of Income-tax on the same facts duly granted time to the writ petitioner and furthermore very recently the Commissioner of Income-tax again extended the time in favour of the writ petitioner in respect of the assessment year 1996-97. He also produced the said order before me. He further relied upon the judgment in Vikram Overseas (P.) Ltd. v. C1T and submitted that the application could be made at any time even after the expiry of the period of six months from the end of the previous year. He further submitted that the said decision of the Delhi High Court was based on the decision of the law laid down by the Supreme Court in the case of CIT v. Ajanta Electricals. The Supreme Court, while considering the provisions of Section 139 of the said Act relating to power of the Assessing Officer to grant extension of time to file the return even after the expiry of the period for filing of such return. He further submitted the Commissioner himself in the case of the writ petitioner in the earlier assessment years and even in the assessment year has allowed such extension of time under Section 80HHC(2), even though the application was made after the expiry of the period of six months from the end of the previous year.;