2021 (1) TMI 289

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ich appellate order was admittedly received by the assessee on 22.06.2016. Thus, this MA is filed on 09.06.2017 which is beyond the prescribed period of limitation of six months from the end of the month in which the appellate order was passed by ITAT , as is stipulated/prescribed u/s. 254(2) of the Income-tax Act, 1961 and thus this MA filed by assessee is barred by limitation. The assessee had filed this MA on 09.06.2017, and subsequently this MA was posted for hearing before the Division Bench(DB) on several occasions viz. on 13.07.2018, 21.12.2018, 22.11.2019 and 11.12.2020 , prior to being finally heard on 18.12.2020 by DB and on all these occasions as stated above, it is the assessee who had sought adjournment from the Tribunal, which....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ly received by assessee on 22.06.2016.This MA was filed by assessee with tribunal on 09th June 2017, seeking rectification of mistake apparent from record in an appellate order dated 08th June 2016 passed by tribunal in ITA No. 461/Alld/2012 for ay: 2008-09. Section 254(2) of the 1961 Act was amended by Finance Act, 2016 w.e.f. 01.06.2016 and the period for miscellaneous petition to rectify any mistake apparent from the record was curtailed to six months from earlier period allowed of four years. In the instant case , the appellate order was passed by tribunal on 08.06.2016, which was admittedly received by assessee on 22.06.2016 and th MA to rectify any mistake apparent from record ought to have been filed by the assessee on or before 31.1....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... delay in MA filed u/s 254(2) of the 1961 Act for rectification of any mistake which is apparent from record. Thus, there are no power vested with Tribunal to condone delay in filing of miscellaneous petition u/s 254(2) of the 1961 Act. Hence, we are bound by provisions of the 1961 Act and we are afraid that this MA filed by assessee in the instant case is barred by limitation and is to be dismissed on that short ground itself. Our view is strengthened by the decision of Hon'ble Karnatka High Court in the case of Karuturi Global Ltd. v. DCIT reported in [2020] 116 taxmann.com 924(Kar.). For the sake of completeness and also that the assessee has invoked cause of substantial justice and that act of court should not prejudice anyone, we ar....