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2018 (9) TMI 1855 - AT - Income TaxRectification application u/s 254 - petition beyond the period of limitation - HELD THAT - Admittedly, the Miscellaneous Petition was filed beyond the period of six months. There is no provision for condonation of delay in filing the petition, therefore, the belated petition filed by the assessee beyond the period of six months cannot be entertained. Hence, the same is dismissed.
Issues:
1. Timeliness of filing a Miscellaneous Petition under Section 254(2) of the Income-tax Act, 1961. Analysis: The judgment delivered by the Appellate Tribunal ITAT Chennai revolves around the timeliness of filing a Miscellaneous Petition under Section 254(2) of the Income-tax Act, 1961. The petitioner had filed a Miscellaneous Petition challenging an order of the Tribunal dated 23.11.2016. The respondent, represented by Shri B. Sagadevan, contended that the petition was filed on 17.08.2017, beyond the newly amended limitation period of six months imposed by the Parliament. The Ld. Departmental Representative argued that since the application exceeded the prescribed time limit, it was not maintainable under the law. During the hearing, both parties presented their arguments. The Ld. representative for the assessee, Shri G. Reddi Prakash, acknowledged that the Miscellaneous Petition was indeed filed after the six-month limitation period. Notably, there was no provision for condonation of delay in filing such petitions. Consequently, the Tribunal concluded that the belated petition submitted by the assessee could not be entertained due to being filed beyond the stipulated timeframe. As a result of the above considerations, the Appellate Tribunal ITAT Chennai, comprising SHRI N.R.S. GANESAN, JUDICIAL MEMBER, and SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER, dismissed the Miscellaneous Petition filed by the assessee. The order was pronounced in an open court on 7th September 2018 in Chennai, emphasizing the importance of adhering to statutory timelines in filing such petitions under the Income-tax Act, 1961.
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