2013 (12) TMI 245

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....he Registry on 6th June, 2011 resulting in a delay of 742 days. 2. The Deputy General Manager of the assessee company filed an affidavit to submit that the delay was on account of sufficient cause and hence it deserves to be condoned. As could be noticed from the affidavit, it was submitted that in respect of A.Y. 2004-05 the return was filed on 10th September, 2004 and the assessment was completed on 25th September, 2006 whereas the Revisionary Authority, in exercise of powers vested in him under section 263, set aside the assessment vide his order dated 18th March, 2009 wherein he directed the AO to reframe the assessment keeping in mind that the deduction under section 80IA may not be allowable. Though the said order was received on 2....

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....f substantial justice is more important than the technicalities. The learned counsel for the assessee strongly relied upon the observations made by the Bench and submitted that in the year under consideration also there was reasonable delay and the reasons being the same the delay in filing the appeal deserves to be condoned and the matter deserves to be decided on merits. 4. On the other hand, the learned D.R. submitted that the appeal for A.Y. 2003-04 was filed on 30.09.2008 with a delay of 118 days and there were further proceedings before the Commissioner of Income Tax for A.Y. 2003-04 on 16.03.2011 which at least would have made them realise that it would affect the other years and if they repeat the same the lapse cannot be conside....

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....isition Officer (Civil Appeal No. 6974 & 6975 of 2013 dated 22nd August, 2013) wherein the Apex Court observed as under : - "The law of limitation may harshly affect a particular party but it has to be applied with all its rigour when the statute so prescribes. The Court has no power to extend the period of limitation on equitable grounds. "A result flowing from a statutory provision is never an evil. A Court has no power to ignore that provision to relieve what it considers a distress resulting from its operation." The statutory provision may cause hardship or inconvenience to a particular party but the Court has no choice but to enforce it giving full effect to the same. The legal maxim "dura lex sed lex" which means "the law is hard b....