MS. L. T. STOCK BROKERS PVT. LTD. vs THE CHIEF COMMISSIONER OF INCOME TAX - 2, MUMBAI

Judgment text excerpt

SAYYED Digitally signed SAEED by SAYYED SAEED ALI 1 8.WP(L).21032.24.docx ALI AHMED ALI AHMED Date: 2025.03.05 Revati ALI 14:02:52 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 21032 OF 2024 M/s. L. T. Stock Brokers Pvt. Ltd. …Petitioner Versus The Chief Commissioner Of Income Tax - 2, Mumbai …Respondent ______________________________________________________ Mr Mayur Vinod Faria a/w Mr Harshal Hasmukh Savla, for the Petitioner. Ms Shilpa Goel, for the Respondent. ______________________________________________________ CORAM M.S. Sonak & Jitendra Jain, JJ. DATED: 4 March 2025 ORAL JUDGMENT (Per M.S.Sonak,J):- 1. Heard learned counsel for the parties. 2. Rule. The rule is made returnable immediately at the request of and with the consent of learned counsel for the parties. 3. The petitioner challenges the Chief Commissioner's order dated 17 January 2024, made under Section 279(2) of the Income-tax Act, 1961, dismissing the petitioner's application for compounding the offence. 4. On perusing the impugned order, we find that the Chief Commissioner has dismissed this application on the sole ground that it was filed beyond 36 months from the date of 2 8.WP(L).21032.24.docx filing of the complaint against the petitioners. The Chief Commissioner has relied upon paragraph 9.1 of CBDT guidelines dated 16 November 2022 for compounding offences under the Income Tax Act 1961. 5. Paragraph 9 of the CBDT guidelines dated 16 September 2022 reads as follows: 9. Relaxation of time 9.1 The restrictions imposed in Para 7(ii) of these Guidelines for compounding of an offence in a deserving case may be relaxed with the approval of the Pr. Chief Commissioner of Income tax of the Region wherein lies the jurisdiction of the case, for a