9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (1) TMI 19 - AT - Income TaxRectification of mistake - time limit for filing of Miscellaneous Petition - Held that - The time limit for filing of Miscellaneous Petition stands ended by 30.09.2016 since the Revenue filed the present petition on 06.04.2017, which is clearly beyond the time limit prescribed under the Act. Therefore, we are of the considered opinion that the petition filed by the Revenue before this Tribunal is not maintainable. Accordingly, Miscellaneous Petition filed by the Revenue is dismissed.
Issues:
1. Rectification of order passed by the Tribunal in ITA No.1173/Chny/2015 & CO No.77/Chny/2015 for the AY 2011-12. 2. Interpretation of the time limit for filing Miscellaneous Petition under Sec.254(2) of the Income Tax Act, 1961. 3. Consideration of the period of limitation in tax matters. 4. Entertaining a petition filed beyond the prescribed time limit. Analysis: 1. The Appellate Tribunal, in this case, was approached by the Department through a Miscellaneous Petition seeking rectification of the order passed in ITA No.1173/Chny/2015 & CO No.77/Chny/2015 for the AY 2011-12. The Department aimed to rectify a mistake apparent from the record, as allowed under Sec.254(2) of the Income Tax Act, 1961. 2. The Tribunal highlighted the provision of Sec.254(2) which allows parties to seek rectification within six months from the end of the month in which the order was passed. It was emphasized that the time limit for filing a Miscellaneous Petition is crucial and parties must adhere to it. In this case, the order was passed on 31.03.2016, making the deadline for filing by 30.09.2016. 3. The Department filed the Miscellaneous Petition on 06.04.2017, which was clearly beyond the statutory time limit prescribed under the Act. The Counsel for the Department argued that the procedures and limitation period are intended to serve the interests of the parties involved. However, the Respondent's Counsel contended that the petition was filed after the specified time limit and should not be entertained. 4. After hearing the contentions of both parties and examining the material on record, the Tribunal concluded that the petition filed by the Revenue was not maintainable due to being beyond the prescribed time limit. Therefore, the Miscellaneous Petition filed by the Revenue was dismissed, emphasizing the importance of adhering to statutory timelines in tax matters to ensure procedural fairness and efficiency.
|
