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TMI Blog2010 (1) TMI 272X X X X Extracts X X X X X X X X Extracts X X X X ..... peals filed by the Shergarh Co-op. L and C Society Ltd., the Udekaran Co-op. L & C Society Ltd. and the Mehrajwala Co-op. L and C Society Ltd. on the ground of being barred by limitation. The only question of law which arises for determination of this court is as under: "Whether the delay in filing of the appeal beyond the period of 120 days prescribed by section 260A (2) (a) of the Income-tax Act, 1961, could be condoned by entertaining an application under section 5 of the Limitation Act, 1963?" 2. In all the appeals there is an application invoking the provisions of section 5 of the Limitation Act, 1963 (for brevity, the Limitation Act'), seeking condonation of delay of 74 days in filing the appeal. 3. The aforesaid question is no lon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cribed period, there is complete exclusion of section 5 of the Limitation Act. The High Court was, therefore, justified in holding that there was no power to condone the delay after expiry of the prescribed period of 180 days. Even otherwise, for filing an appeal to the Commissioner, and to the Appellate Tribunal as well as revision to the Central Government, the Legislature has provided 60 days and 90 days respectively, on the other hand, for filing an appeal and reference to the High Court larger period of 180 days has been provided to enable the Commissioner and the other party to avail of the same. We are of the view that the Legislature provided sufficient time, namely, 180 days for filing reference to the High Court which is more than ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on under section 5 of the Limitation Act could be filed as the Act itself is a complete code like the Excise Act, which has been considered by their Lordships of the hon'ble Supreme Court in Hongo India P. Ltd. [2009] 315 ITR 449. The reasoning adopted by the hon'ble Supreme Court in the case of Hongo India P. Ltd. [2009] 315 ITR 449 is fully applicable to the question raised in the present appeals. Therefore, we are of the view that the application(s) seeking condonation of delay filed under section 5 of the Limitation Act cannot be accepted. 6. For the reasons aforementioned, the application(s) filed under section 5 of the Limitation Act seeking condonation of delay in filing the appeals are dismissed. Consequently, the appeals also fail ..... X X X X Extracts X X X X X X X X Extracts X X X X
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