The petitioner  erroneously  included the  commercial and residential properties for the purpose of wealth  tax though the said properties were let out for a minimum period of 300 days and exempt as per S. 2(ia)(i)(4)  of the Act. The petitioner became aware of the exempt provision in the year 2015. The petitioner filed an application for revision of the order with application for condonation of delay.   The Commissioner rejected the applications for condonation of delay by referring the Circular of the Board No 9 of 2015 (R. No 312/22/15-OT) (2015) 374 ITR 25 (St) wherein the Board instructed that delay beyond six years from the relevant year cannot be condoned. On writ the Court held that petition pertained to assessment years 2003-04 to 2012-13. This was a case of over-statement of wealth and it was not a case of understatement or non-filing of returns. More importantly, the assessees had also paid the tax on the wealth that had been overstated in the returns. The respondent had even recorded in the orders that the properties which had been erroneously included in the returns by the petitioners were clearly exempt under section 2(ea)(i)(4) of the Wealth-tax Act. The order was to be set aside in so far as it rejected the assessees’ request for condonation of delay for the assessment years 2003-04 to 2010-11. The other part of the order wherein the prayer for condonation of delay for the assessment years 2011-12 and 2012-13 was acceded to was to be sustained.  Court held that the Circular is not binding on High Court. (AY. 2003-04 to 2012-13 ]