2020 (10) TMI 709

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....pondent by : Sri.Anil D.Nair, Advocate ORDER Per George Mathan, JM : This is a Miscellaneous Application filed by the Revenue in the order of the Tribunal in ITA No.409/Coch/2016 dated 24th October, 2016. 2. Sri.B.Sajjiv, Senior Departmental Representative appeared on behalf of the Revenue and Sri. Anil D.Nair, the learned Counsel appeared on behalf of the assessee. 3. It was the su....

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....the Assessing Officer has to conduct an inquiry into the factual situation as to the activities of the assessee-society and arrive at a conclusion whether the benefits can be extended or not in the light of the provisions of sub-section (4) of section 80P of the Act. It was the submission that the subsequent binding of the Hon'ble jurisdictional High Court, which has reversed the earlier decision,....

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....ime limit and the Tribunal not having the power u/s 254(2) of the Act to condone delay, the miscellaneous application filed by the Revenue is liable to be dismissed. 5. We have considered the rival submissions. The Tribunal is a creature of the statute. It has not having the power to read in or read out of a provision of law. The Legislature in its wisdom has laid down the law and the specific ....