1990 (2) TMI 109 - AT - Income Tax

Summary

Issues Involved:
1. Whether the applications under section 256(1) of the Income-tax Act, 1961, were barred by time.
2. The starting point for the limitation period for filing reference applications under section 256(1) of the Income-tax Act, 1961.
3. The validity and applicability of an understanding between the President of the Tribunal and the Chief Commissioner of Income-tax regarding the service of orders.

Detailed Analysis:

1. Whether the applications under section 256(1) of the Income-tax Act, 1961, were barred by time:

The Tribunal had to determine if the applications filed by the Commissioner of Income-tax were within the prescribed time limit. The Registry pointed out that the applications were delayed by 149 days. The Commissioner argued that the limitation period should start from the date when the order was served on him (14-8-1989), not from the date it was served on the Chief Commissioner (17-3-1989). The Tribunal found that the applications were indeed barred by time because the period of limitation should start from the date the order was served on the Chief Commissioner.

2. The starting point for the limitation period for filing reference applications under section 256(1) of the Income-tax Act, 1961:

The Tribunal had to decide whether the limitation period should start from the date the order was served on the Chief Commissioner or the Commissioner. The Tribunal concluded that the service of the order on the Chief Commissioner satisfies the obligation under section 254(3) of the Income-tax Act. Therefore, the limitation period begins from the date the order is served on the Chief Commissioner. The Tribunal emphasized that the Chief Commissioner should act promptly to forward the orders to the concerned Commissioner, and any delay in this process should not extend the limitation period.

3. The validity and applicability of an understanding between the President of the Tribunal and the Chief Commissioner of Income-tax regarding the service of orders:

The Tribunal examined an understanding that had been reached between the President of the Tribunal and the Chief Commissioner of Income-tax, which stipulated that the date of service on the concerned Commissioner would be regarded as the date of service for counting the limitation period. However, the Tribunal concluded that this understanding could not override the statutory provisions. The Tribunal emphasized that the provisions of the law must have primacy over any private understanding. The Tribunal also noted that the understanding was reached before the amendment to section 254(3) and, therefore, it lapsed after the amendment came into effect on 1-4-1988.

Conclusion:

The Tribunal upheld the objection that the applications were barred by time, as the delay was more than 30 days, and the Tribunal had no power to condone such delay. Consequently, the reference applications were dismissed as not maintainable. The Tribunal reiterated that the legislative intention was to ensure quick disposal of applications under section 256(1) and that the limitation period should start from the date the order was served on the Chief Commissioner.