TaxTMI 
TaxTMI 
2021 (10) TMI 1081
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....ellant(Applicant) and Respondent No. 1 were heard on I.A. No. 909 of 2020 in CA (AT)(Ins) No. 35 of 2020 on 4.10.2021. 2. It is recalled that the main Company Appeal (AT) (Ins) No.35 of 2020 was filed by the Appellant, wherein this Tribunal gave the following order on 8.1.2020 :- "08.01.2020 Learned Counsel for the Appellant submits that the impugned order dated 6th June, 2019 was brought to the notice of the Income Tax Department on 30th October, 2019 by the 'Corporate Debtor'. Thereafter, the certified copy was applied for and received on 20th December, 2019. Therefore, there is no delay in filing the appeal. However, on the safe side application for condonation of delay has been filed. Taking into consideration the a....
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....ctions 144 and 147 of the Income Tax Act, 1961. Therefore, the Appellant was aware of the initiation of the CIRP of the Corporate Debtor, but took no steps to file its claim (Copy of letter dated 26.12.2018 is attached at pp. 150-151 of I.A No. 909 of 2020). (ii) On 16.9.2019, Uttam Strips Ltd. (Respondent No. 1) filed reply to notice dated 24.8.2019 on the online portal of Income Tax Department whereby Respondent No.1 informed the Appellant about the initiation of CIRP proceedings against Corporate Debtor (Copy of the letter dated 6.9.2019 is attached at pp.152-158 of IA No.909/2020). (iii) The Assistant Commissioner of Income Tax wrote a letter in October, 2019 to the Oriental Bank of Commerce. In reply Respondent No. 2 ....
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....garb of invoking the inherent power available to NCLAT under Rule 11 of the NCLAT Rules, 2016, even though the inherent powers are meant only for meeting the ends of justice and to prevent any miscarriage of justice and not for reviewing a legal order. He has stated that this Hon'ble Tribunal has, in order dated 08.01.2020, given the final order on the application for condonation of delay, and if the Applicant is aggrieved by such order, he should file proper appeal for the same, as is required under law. 5. The Learned Counsel for Appellant has cited judgment dated 03.03.2021 of this Tribunal in Company Appeal (AT)(Ins) No. 379 of 2020 [Adish Jain s/o Mohinder Jain (Shareholder of Corporate Debtor) Vs. Sumit Bansal (IRP of Corporate Deb....
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....l in regard to any finding which amount to sitting in an Appeal in disguise. In the grab of this Review Application, the Applicant seeks to reargue the matter.' (emphasis supplied) 7. The Ld. Counsel of Appellant has also placed reliance on the decision in N. Balakrishnan v. M. Krishnamurthy [(1998) 7 SCC 123], wherein the Apex Court has held that the rules of limitation are not meant to destroy the rights of the parties and the law of limitation fixes a life span for legal remedy for the redress of any legal injury. He has contended that limitation should be counted from the date of knowledge of the Impugned Order i.e. 30.10.2019 and 45 days from the date of knowledge would expired on 14.12.2019. Therefore, since the Appellant applied f....
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....e portal of Income Tax Department informing Appellant of the approval of the Resolution Plan, the maximum prescribed 45 days period of limitation would expire on 2.12.2019. After excluding 11 days period that was spent in obtaining certified copy of the order, the limitation would expire on 13.12.2019. Even then the limitation appeal filed on 27.12.2019 is time barred. 11. Section 3 of the Limitation Act, 1963 states as follows:- "3. Bar of limitation - (1) Subject to the provisions contained in sections 4 to 24 (inclusive), every suit instituted, appeal preferred, and application made after the prescribed period shall be dismissed, although limitation has not been set up as a defence." 12. Thus we find that Appellan....