ASSISTANT COMMISSIONER OF INCOME TAX 2(3)(1), MUMBAI V. TATA CAPITAL LIMITED, MUMBAI

MA 5/MUM/2024

AI Insights

The case involves two Miscellaneous Applications (M.A.No.05/Mum/2024 and M.A.No.06/Mum/2024) filed by the Revenue against M/s. Tata Capital Ltd., arising from a common order dated 05/12/2022 by the Income Tax Appellate Tribunal, Mumbai. The applications were related to departmental appeals for the Assessment Year 2015-2016. The main contention was the timeliness of the applications filed under Section 254(2) of the Income Tax Act, 1961. The Tribunal dismissed the applications due to the delay in filing, as the Revenue filed them 196 days late, which was beyond the permissible period under the Act.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 314216 (ITAT-MUMBAI)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 06-05-2025
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2015-2016
• Other Referred Cases: Supreme Industries Ltd. Vs. Additional Commissioner of Income Tax & Ors. [2014] 369 ITR 758 (Bom), Ram Baburao Salve Vs. Assessing Officer [2024] 162 taxmann.com 354 (Bombay)
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: ASSESSEE

Judgement Text

"1 IN THE INCOME TAX APPELLATE TRIBUNAL \"E\" BENCH, MUMBAI SHRI RAHUL CHAUDHARY, JUDICIAL MEMBER SHRI GIRISH AGRAWAL, ACCOUNTANT MEMBER MA No.05/MUM/2024 (Arising out of ITA No.1515/Mum/2019) & MA No.06/MUM/2024 (Arising out of ITA No.2109/Mum/2019) (Assessment Year: 2015-2016) Deputy Commissioner of Income Tax 2(3)(1), Mumbai Room No.552, Aayakar Bhavan, M.K.Road, Mumbai – 400020. Maharashtra …………. Appellant Vs M/s. Tata Capital Ltd. 11th Floor, Tower A, Peninsula Business Park, Ganpatrao Kadam Marg, Lower Parel, Mubai – 40013 Maharashtra. [PAN:AADCP9147P] ……………. Respondent Appearance For the Appellant/ Department For the Respondent/Assessee : : Shri Niraj Sheth Shri Ram Krishna Kedia Date Conclusion of hearing Pronouncement of order : : 21.03.2025 06.05.2025 O R D E R Per Rahul Chaudhary, Judicial Member: 1. These are two Miscellaneous Application filed by the Revenue arising from Common Order, dated 05/12/2022 passed by the Tribunal whereby Cross Appeals for the Assessment Year 2014- 2015 and 2015-2016 were disposed off. M.A.No.05/Mum/2024 has been moved by the Revenue in respect of ITA No. 1515/Mum/2019 (Departmental Appeal for the Assessment Year 2015-2016) and M.A.No.06/Mum/2024 has been moved by the Revenue in respect M.A.05/Mum/2024 & 06/Mum/2024 (Arising out of ITA No.1515/Mum/2019 & ITA No.2109/Mum/2019) Assessment Year: 2015-2016 2 of ITA No.2109/Mum/2019 (Departmental Appeal for the Assessment Year 2015-2016) 2. When the applications were taken up for hearing the Learned Authorized Representative for the Assessee pointed out that the applications filed under Section 254(2) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) were barred by limitation. On perusal of Paragraph 1 of the said applications, we find that the common order, dated 05/12/2022, was received by Revenue on 30/03/2023. As per record, the Miscellaneous Applications were filed on 11/01/2024, and the registry had marked the delay of 196 days in filing the Miscellaneous Applications. During the course of hearing the Learned Departmental Representative had placed reliance upon the judgment of the Hon’ble Bombay High Court in the case of Supreme Industries Ltd. Vs. Additional Commissioner of Income Tax & Ors. [2014] 369 ITR 758 (Bom). However, on perusal of the same we find that the aforesaid judgment is not applicable to the facts of the present case. Section 254(2) of the Act provides for filing of miscellaneous application within the period specified therein. In the case of Ram Baburao Salve Vs. Assessing Officer [2024] 162 taxmann.com 354 (Bombay) it has been held by Hon’ble Bombay High Court that there is no provision in Section 254(2) of the Act conferring power upon the Tribunal to condone M.A.05/Mum/2024 & 06/Mum/2024 (Arising out of ITA No.1515/Mum/2019 & ITA No.2109/Mum/2019) Assessment Year: 2015-2016 3 the delay in filing the miscellaneous application. Since in the present case the applications have been filed after the expiry of period specified in Section 254(2) of the Act the same has been dismissed as being barred by limitation. 3. In result, the both the Miscellaneous Applications preferred by the Revenue are dismissed. Order pronounced on 06.05.2025. Sd/- Sd/- (Girish Agrawal) Accountant Member (Rahul Chaudhary) Judicial Member म ुंबई Mumbai; दिन ुंकDated :06.05.2025 Milan, LDC M.A.05/Mum/2024 & 06/Mum/2024 (Arising out of ITA No.1515/Mum/2019 & ITA No.2109/Mum/2019) Assessment Year: 2015-2016 4 आदेशकीप्रतितितिअग्रेतिि/Copy of the Order forwarded to : 1. अपील र्थी/ The Appellant 2. प्रत्यर्थी/ The Respondent. 3. आयकरआय क्त/ The CIT 4. प्रध न आयकर आय क्त/ Pr.CIT 5. दिभ गीयप्रदिदनदध, आयकरअपीलीयअदधकरण, म ुंबई/ DR, ITAT, Mumbai 6. ग र्डफ ईल / Guard file. आिेश न स र/ BY ORDER, सत्य दपिप्रदि //True Copy// उप/सह यकपुंजीक र /(Dy./Asstt.Registrar) आयकरअपीलीयअदधकरण, म ुंबई / ITAT, Mumbai "