2005 (7) TMI 78 - HC - Income Tax

Time limit for rectification applications clarified under Income-tax Act

Raja Malwinder Singh Versus Union Of India And Another.

The court ruled that applications for rectification of mistakes under section 254(2) of the Income-tax Act must be filed within four years from the date ... Whether any time limit is prescribed for filing an u/s 254(2) for rectification of mistake in the order passed by the Tribunal - By the impugned common order, the Tribunal has dismissed various miscellaneous applications filed against its orders passed in appeals pertaining to the assessment years 1972-73 to 1984-85. The Tribunal has come to the conclusion that all the applications are barred by limitation, having been filed beyond the period of four years from the date of the order passed by it – Assessee’s contention that the period of limitation of four years, prescribed in section 254(2), does not apply to an application filed by an assessee or the Revenue, is not acceptable - Held that an application for rectification of mistake in an order passed by the Tribunal has to be filed within four years from the date of the order and not at any time. – petition dismissed Issues involved:- Whether there is a time limit for filing an application under section 254(2) of the Income-tax Act for rectification of mistake in the order passed by the Tribunal.Analysis:The judgment addresses the legality of an order passed by the Income-tax Appellate Tribunal, Chandigarh Bench 'B' dismissing miscellaneous applications filed by the petitioner-assessee against orders pertaining to assessment years 1972-73 to 1984-85. The Tribunal concluded that all applications were time-barred, filed after four years from the date of the order passed on October 21, 1998. The petitioner argued that the time limit of four years does not apply to applications filed by the assessee or the Revenue under section 254(2) of the Act. The petitioner emphasized the comma after 'Tribunal may,' suggesting that the time limit only applies to suo motu rectification and not to applications by the assessee or Revenue. The petitioner relied on a Supreme Court decision and a circular by the Central Board of Direct Taxes to support the argument that no time limit is prescribed for filing rectification applications. However, the court disagreed, interpreting section 254(2) to empower the Tribunal to rectify mistakes within four years from the date of the order, whether suo motu or by application, and not thereafter. The court highlighted that accepting the petitioner's interpretation would lead to an anomalous situation, allowing applications for amendment indefinitely.The court's interpretation of section 254(2) is supported by a Supreme Court decision in a different context, emphasizing the importance of interpreting statutes in a manner that is just, reasonable, and sensible. The court rejected the petitioner's argument that the provision should be interpreted without a time limit for rectification applications, as it would lead to absurdity. The court also dismissed the relevance of the circular by the Central Board of Direct Taxes, clarifying that applications for rectification must be filed within the statutory time limit of four years. The court concluded that an application for rectification of mistake must be filed within four years from the date of the order, emphasizing the legislative intent to set an outer limit for order modification to avoid absurd outcomes.In light of the above analysis, the court dismissed the writ petition, stating it lacked merit, without imposing any costs. The judgment clarifies the interpretation of section 254(2) of the Income-tax Act regarding the time limit for filing rectification applications, emphasizing the importance of adhering to the statutory four-year limit to maintain the effectiveness and operationality of the provision.