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TMI Blog2021 (8) TMI 775X X X X Extracts X X X X X X X X Extracts X X X X ..... dment, then the said unexpired period shall be allowed under the new amended provision effective from 01.06.2016. Thus, keeping in view factual matrix of the instant case, the MA ought to have been filed by assessee latest by 30.11.2016 viz. six months from the date new amended provision came into effect, as on the date of amendment on 01.06.2016, in the instant case, the unexpired limitation period under the old law was more than six month. The assessee has filed this MA on 20.01.2017 which is clearly time barred keeping in view amended provisions of Section 254(2), and hence this MA is not maintainable. - Miscellaneous Application (M.A. )No. 02/Alld./2017 Arising out of ITA No.280/Alld/2015 - - - Dated:- 18-8-2021 - Shri Vijay Pal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assed by tribunal, and hence this MA is not maintainable in the eyes of law being time barred as filed beyond limitation period as provided under the statute. It was submitted by ld. DR that Section 254(2) was amended wef 01.06.2016 and period of limitation was reduced to six months from four years and hence this is a change in procedures and hence new procedures will apply and thus, the new limitation period of six months will be applicable, and the assessee ought to have filed MA within the new limitation period of six months, but the assessee filed MA on 20.01.2017 which is clearly time barred and hence this MA is not maintainable. 2.2 The ld. Counsel for the assessee vehemently submitted that the appellate order in ITA no. 280/Alld/2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct, provided sufficient cause is shown, but no such powers to condone delay are vested with tribunal while dealing with MA filed u/s 254(2) of the 1961 Act seeking rectification of mistakes apparent from record in the appellate order passed by tribunal. The appellate order in ITA no. 280/Alld/2015 for ay: 2008-09 was passed by tribunal on 02.02.2016 and the limitation period for filing MA for seeking rectification of mistake apparent from record in the tribunal order was four years from the end of month in which appellate order which is sought to be rectified was passed by tribunal, but there was an amendment by Finance Act, 2016 effective from 01.06.2016, wherein the limitation period for filing MA for seeking rectification of mistake appa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... period u/s 254(2) was four years, but by Finance Act, 2016 effective from 01.06.2016, the limitation period u/s 254(2) was reduced to six months. Under the new amended provision, by strict application the period of limitation in the instant case will expire on 31.08.2016 but by reasonable interpretation, the limitation in the such cases where the unexpired period under the old law was more than six months on the date of amendment, then the limitation under the new provision shall be calculated six months from the date amended provision came into effect, and in those cases, where the unexpired period of limitation under the old law is less than six months as on the date of amendment, then the said unexpired period shall be allowed under the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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