2020 (10) TMI 1145

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....ated:- 23-10-2020<br>MA Nos.99 & 100/Coch/2020 (Arising out of ITA Nos.410 & 411/Coch/2017) MA Nos.101 & 102/Coch/2020 (Arising out of ITA Nos.408 & 409/Coch/2017) - -<br>Income Tax<br>Shri Chandra Poojari , AM And Shri George Mathan , JM Revenue by : Shri B. Sajjive , Sr. DR Assessee by : Shri O. D. Sivadas , CA ORDER PER BENCH By these Miscellaneous Petitions, the Revenue has soug....

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.... 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. 4. In view of the above, the Ld. DR submitted that the subsequent binding of the Jurisdictional High Court constitutes a mistake apparent from....

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....yond the prescribed time limit and the Tribunal not having the power u/s. 254(2) of the I.T. Act to condone delay, the miscellaneous applications filed by the Revenue in these cases are liable to be dismissed. 6. We have considered the rival submissions. The Tribunal is a creature of the statute. It has not having power to read in or read out of a provision of law. The Legislature in its wisdom....

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....d amend the same if the mistake apparent on record is brought to its notice by the assessee or by the Assessing Officer. 7. In these cases, the Miscellaneous Petitions are filed belatedly as follows: Sl. No. ITA No. MA No. Date of order Date of service of order Date of filing of MA To be filed on or before Remark 1. 410/Coch/2017 99/Coch/2020 10.01.2018 02....