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TMI Blog2020 (10) TMI 709X X X X Extracts X X X X X X X X Extracts X X X X ..... cate ORDER Per George Mathan, JM : This is a Miscellaneous Application filed by the Revenue in the order of the Tribunal in ITA No.409/Coch/2016 dated 24th October, 2016. 2. Sri.B.Sajjiv, Senior Departmental Representative appeared on behalf of the Revenue and Sri. Anil D.Nair, the learned Counsel appeared on behalf of the assessee. 3. It was the submission by the learned DR that the issue ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... quiry into the factual situation as to the activities of the assessee-society and arrive at a conclusion whether the benefits can be extended or not in the light of the provisions of sub-section (4) of section 80P of the Act. It was the submission that the subsequent binding of the Hon'ble jurisdictional High Court, which has reversed the earlier decision, does constitute a mistake apparent from r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wer u/s 254(2) of the Act to condone delay, the miscellaneous application filed by the Revenue is liable to be dismissed. 5. We have considered the rival submissions. The Tribunal is a creature of the statute. It has not having the power to read in or read out of a provision of law. The Legislature in its wisdom has laid down the law and the specific provision relating to the powers of the rectif ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mit of six month is binding on the hands of the Tribunal. This is in line with the decision of the Hon'ble Bombay High Court in the case of Principal CIT v. ITAT [Writ Petition No.2858 of 2019 dated 24.01.2020]. 8. This being so, as six month period from the end of the month in which the order has been passed has expired, the order passed by the Tribunal in ITA No.409/Coch/2016 cannot be amended ..... X X X X Extracts X X X X X X X X Extracts X X X X
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