2010 (5) TMI 177

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..... 37 & 735/Chandi/2006 in respect of Assessment Years 1999-2000 and 1997-98 respectively. 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 260-A(2)(a) of the Income-tax Act, 1961, could be condoned by entertaining an application under Section 5 of the Limitation Act, 1963?" 2. Along with the appeals applications invoking the provisions of Section 5 of the Limitation Act, 1963 (for brevity, the Limitation Act'), seeking condonation of 201 days delay in filing the appeals, have also been filed. 3. The aforesaid question is no longer res integra as Hon'ble the Supreme Court in the case of Commissioner of Customs & C .....

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..... ified in holding that there was no power to condone the delay after expiry of the prescribed period of 180 days. 33. 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 with to enable the Commissioner and the other party to avail 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 the period prescribed for an appeal and revision." 4. When we examine the provisions of the Income-tax Ac .....

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..... onsidered by their Lordships' of Hon'ble the Supreme Court in Hongo India Private Limited (supra). The reasoning adopted by Hon'ble the Supreme Court in the case of Hongo India Private Limited (supra) is fully applicable to the question raised in the present appeals. Therefore, we are of the view that the applications seeking condonation of delay filed under Section 5 of the Limitation Act cannot be accepted. 6. For the reasons aforementioned, the applications filed under Section 5 of the Limitation Act seeking condonation of 201 days delay in filing the appeals is dismissed. Consequently, the appeals also fail and the same are dismissed being time barred. (M.M. KUMAR) JUDGE (JITENDRA CHAUHAN) JUDGE May 20, 2010
Case laws, Decisions .....

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