2016 (12) TMI 1633

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....spondent : C. H. Naniwadekar ORDER Sushma Chowla (Judicial Member) The present Miscellaneous Application has been filed by the Revenue applicant against the order of Tribunal in ITA No. 1027/PN/2014 relating to assessment year 2007-08, order dated 17.12.2015. 2. The grievance of the Revenue is that the Tribunal had erred in holding that the period of financial year 2006-07 was up to 31....

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....e Act. The said sub-section has been amended by the Finance Act, 2016 w.e.f. 01.06.2016, wherein time limit to pass the order has been curtailed to six months from the end of the month in which the order was passed. The present appeal against which the Miscellaneous Application has been filed was decided by the Tribunal vide order dated 17.12.2015, hence the first aspect of the issue is that the s....

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....nst earlier period allowed under the Statute of four years from the date of order. It may be clarified hereunder that provisions of section 254(2) of the Act as in section 154 of the Act, the application has to be filed within time frame. Accordingly, the present Miscellaneous Application which has been filed by the Revenue against the order of Tribunal dated 17.12.2015 which is before the amendme....

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....der section 253(5) of the Act has the power to admit an appeal or permit filing of Memorandum of Cross Objections after the expiry of relevant period referred to sub-section (3) or sub-section (4) to section 253 of the Act, where it is satisfied that there is sufficient cause for not presenting it within that period. Such power of condonation of delay with the Tribunal is vis-a-vis late filing of ....