2025 (3) TMI 1563

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....eared on behalf of the assessee despite due service of notice of hearing, therefore, we proceed to decide the matter after hearing Ld. DR and with the help of material available on record. 3. It is seen that the impugned order of the Tribunal was passed on 27.09.2022 and the present MA is filed by the Revenue on 13.09.2023. Therefore, the present MA filed by the Department appears to be time barred being filed beyond the prescribed time limit. In this regard, Ld. DR submitted before us that the limitation to file Miscellaneous Application starts from receipt of the Tribunal's order and not from the date of the order. In this regard, it was submitted that although the Tribunal's order was passed on 27.09.2022 but copy of the order was rec....

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....espect of Employees share of PF and ESI deposited beyond the due date under the respective Acts, but before the time limit for filing the return of income u/s 139(1) is no more res integra in view of the later judgment of Hon'ble Supreme Court in Checkmate Services P. Ltd. & Ors. vs. CIT & Ors. (supra). The Hon'ble Apex Court has held that the deduction u/s 36(1)(va) can be allowed only if the employees' share in the relevant funds is deposited by the employer before the due date stipulated in respective Acts. The above enunciation of law by the Hon'ble Supreme Court (supra) denying the benefit of deduction, has rendered the order u/s 254(1) erroneous necessitating its rectification in terms of section 254(2) of the Act. In this context, we....

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....ion alters the earlier one, it (the later decision) does not make new law. It only discovers the correct principle of law which has to be applied retrospectively. To put it differently, even where an earlier decision of the Court operated for quite some time, the decision rendered later on would have retrospective effect clarifying the legal position which was earlier not correctly understood. 43. Salmond in his well-known work states; "The theory of case law is that a judge does not make law; he merely declares it; and the overruling of a previous decision is a declaration that the supposed rule never was law. Hence any intermediate transactions made on the strength of the supposed rule are governed by the law established....