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TMI Blog1989 (9) TMI 141X X X X Extracts X X X X X X X X Extracts X X X X ..... ding the same afresh after giving due opportunity of hearing to the assessee. 3. On a miscellaneous application filed by the assessee, the said order of the Tribunal dt. 21st March, 1980 was recalled by the Tribunal vide its order dt. 30th March, 1981 in M.A. No. 53/Bom/80, and the appeal was fixed for re-hearing. 4. The facts of the case are that while perusing the records of the assessee, the CIT Amritsar (Camp Jullunder) found that the ITO completed the assessment under s. 143(3) of the IT Act, 1961 without adding the value of primary gold, found in search and seizure of the assessee's locker No. 329 in the Bank of Baroda, Altamount Road. Bombay, accepting the plea of assessee that the gold had been received by him as a gift from h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stated by him in the writ petition that he was not concerned with the jewellery belonging to his mother-in-lawand the gold belonging to Shri Gurubachan Singh seized by the Asstt. Director of Intelligence. Bombay from his locker No. 329. When the Voluntary Disclosure of Income Wealth Ordinance, 1975 was promulgated, the assessee filed a voluntary disclosure statement on 30th Dec., 1975 under s. 14(1), in which he claimed that this primary gold was received by him from his grand mother on 14th Aug., 1974 as gift and the same was kept in the said locker on 16th Aug., 1974. This was supported by a memorandum of gift executed on 14th April, 1974. The value of the said gold was however, not declared by the assessee for the purpose of tax under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r sought to be revised. In this case, the CIT issued notice to the assessee for 13th March, 1978 and, on the same day, rejecting the plea of the assessee for adjournment, passed the impugned order. It is therefore submitted that the period of limitation expired on 11th March, 1978, the CIT has no jurisdiction to pass order s. 263(1). In this connection, reliance is placed on the decision of Delhi High Court in the case in the Deen Dayal Goyal vs. ITAT Ors. (1986) 51 CTR (Del) 1 : (1986) 158 ITR 391 (Del) the decision of Karnataka High Court in the case of M.K. Srikanta Setty vs. CIT (1986) 54 (Kar) 226 : (1986) 160 ITR 517 (Kar), the decision of the Supreme Court in the case of ITO vs. Induprasad Devshanker Bhatt (1969) 72 ITR 595 (SC) an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... right but is one that is conferred by statute and has to be exercised strictly in conformity with the statutory provisions which create it. If the statute limits the time within which an appeal can be filed, it has to be filed within the period so limited. In order to exclude the application of any of the provisions of the Limitation Act, that provision need not be expressly referred to and specifically excluded by the special or local law. The Hon'ble High Court further observed that what is necessary is to find out whether there is a sufficiently clarification in the language of the special or local law which would make the application of the provisions of ss. 4 to 22 of the Limitation Act or any one of them inconsistent with, or redundan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ally irrelevant and must be ignored by the Court. It has further observed that the date on which the declaration was forwarded by post or should have been normally received, if the postal authorities had acted diligently, could not be construed as the day of making or filing before the CIT. In the absence of provision for condonation of delay, the CIT could not condone the delay, whatever be the circumstances in which delay occurred. If the CIT had no power to condone the delay, the High Court also could not exercise that power and extend the period of limitation. 10. In the case of Miss Shikha Gupta, the Tribunal considered the question of applicability of s. 263(2) in a case where limitation has expired prior to the Taxation Laws (Amen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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