2012 (7) TMI 953 - AT - Income Tax

Summary

Issues involved: Determination of the admissibility of a miscellaneous application filed by the assessee beyond the prescribed time limit u/s 254(2) of the Income Tax Act, 1961.

Summary:
The Appellate Tribunal, in a case involving a miscellaneous application filed by the assessee beyond the prescribed time limit u/s 254(2) of the Income Tax Act, 1961, considered the issue in light of previous decisions. The Tribunal noted that the statute does not authorize the entertainment of petitions filed beyond four years from the date of the order. The Tribunal compared the provisions of section 254(2) with other similar provisions in the Act and highlighted that the statute explicitly states that the time limit for rectification is four years from the date of the order. The Tribunal emphasized that the language of the statute is clear and does not provide for calculating the time limit based on the date of communication of the order. It was further noted that the appellant's lack of vigilance over an eight-year period cannot be considered reasonable, and seeking a favorable decision after such a long gap amounts to attempting to rewrite the statute. The Tribunal also highlighted that it does not have the power to admit appeals beyond the relevant period as provided in section 253(5) of the Act. The Tribunal concluded that the miscellaneous application of the assessee was not maintainable as it was filed after the expiry of four years from the date of the tribunal order.

In reference to a judgment of the Hon'ble Apex Court, the Tribunal found that the circumstances of the case did not align with the case cited before them, where the appeal was considered within time based on the availability of the order copy. The Tribunal emphasized that in the present case, the order of the tribunal was ready on the date of the tribunal order, and therefore, the judgment cited was not applicable. Consequently, the miscellaneous application of the assessee was dismissed.

Judgment: The miscellaneous application of the assessee was found to be not maintainable as it was filed after the prescribed time limit of four years from the date of the tribunal order, in accordance with section 254(2) of the Income Tax Act, 1961.