2010 (10) TMI 254 - AT - Income Tax

Rectification of mistake - subsidy received was deducted from the value of plant and machinery of cold storage unit - Condonation of delay in rectification application - AO contended that application u/s 154 was barred by limitation - The assessee s sole reasoning was being ignorance of law - As a matter of fact the Legislature was very magnanimous and considerate in its wisdom to prescribe four long years time for seeking any rectification in the earlier order passed - decided in favor of revenue.

Summary

Issues Involved:
1. Delay in filing rectification application under section 154 of the Act.
2. Deduction of subsidy from the value of factory building and plant and machinery for calculating depreciation.

Analysis:

Issue 1: Delay in filing rectification application under section 154 of the Act

The assessee filed an appeal against the order of the Ld. CIT (A) for the assessment year 2002-03, raising concerns about the delay in filing the rectification application under section 154 of the Act. The Assessing Officer rejected the rectification petition as it was filed four days late, beyond the time limit prescribed by law. The Ld. CIT (A) also upheld this decision, stating that there was no power to condone the delay in filing the rectification application. The assessee argued that the delay was due to ignorance of the law regarding the time limit for filing such applications. However, the tribunal found that the ignorance of law cannot be used as an excuse, especially when the law provides a generous four-year window for rectification requests. The tribunal emphasized that the assessee, being a partnership firm with experienced auditors, should have been aware of the legal requirements. As no valid reason was presented for the delay, the tribunal upheld the rejection of the rectification application, concluding that the authorities were justified in their decision.

Issue 2: Deduction of subsidy from the value of factory building and plant and machinery for calculating depreciation

The assessee contended that the Assessing Officer erred in deducting the subsidy from the value of the factory building and plant and machinery while calculating depreciation under the Income Tax Act. The assessee referred to a decision of the Hon'ble Gujarat High Court to support its argument that the subsidy amount should not be deducted from the cost of assets for depreciation calculation. However, since the rectification application issue was dismissed due to delay, this ground was deemed redundant and not addressed. The tribunal did not delve into the merits of this issue due to the dismissal of the rectification application.

In conclusion, the tribunal dismissed the assessee's appeal due to the rejection of the rectification application for being time-barred. The Revenue's cross objection was allowed as the rejection of the rectification application was upheld. The tribunal emphasized the importance of adhering to statutory timelines and the consequences of failing to do so in seeking rectification under section 154 of the Act.