Rajiv Gandhi University Of Health Sciences, Bangalore V. The Assistant Commissioner Of Income Tax[Exemption], Circle-1, Bangalore

ITA 16/BANG/2023

AI Insights

The case involves M/s. Insilica Semiconductors India Pvt. Ltd., which filed a Miscellaneous Petition (MP) seeking to correct an earlier Tribunal order dated 28.9.2018 concerning ITA No.590/Bang/2018. The MP was filed beyond the six-month period allowed for such corrections, prompting the assessee to submit a condonation petition for the delay. However, the Tribunal, referencing section 254(2) of the Income-tax Act, 1961, concluded that it lacked the authority to condone the delay and thus dismissed the MP.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 129957 (ITAT-BANGALORE)
• Duration Of Justice: 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-01-2023
• Appeal Filed By: Assessee
• Order Result: DismissedAllowed
• Bench Allotted: B
• Next Hearing Date: 15-05-2023
• Assessment Year: misc
• Appeal Filed On: 09-01-2023
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PRIYADARSHINI BESAGANNI
• Assessee Lawyers: SARIKA JAIN
• Section: 254(2)

Judgement Text

MP 16/Bang/2023 M/s. Insilica Semiconductors India Pvt. Ltd., Bangalore IN THE INCOME TAX APPELLATE TRIBUNAL “C’’ BENCH: BANGALORE SHRI GEORGE GEORGE K., JUDICIAL MEMBER AND SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER MP No.16/Bang/2023 (Arising out of ITA No.590/Bang/2018) Assessment Year: 2010-11 M/s. Insilica Semiconductors India Pvt. Ltd. C/o Resolve Business Services India Pvt. Ltd. No.231/236, Raheja Arcade Koramangala, Bengaluru 560 095 PAN NO : AABCC8522F Vs. Deputy Commissioner of Income-tax Circle-11(4) Bangalore APPELLANT RESPONDENT Appellant by : Smt. Sarika Jain, A.R. Respondent by : Smt. Priyadarshini Besaganni, D.R. Date of Hearing : 27.01.2023 Date of Pronouncement : 27.01.2023 ORDER PER GEORGE GEORGE K., JUDICIAL MEMBER This MP at the instance of the assessee is seeking to correct the Tribunal order in ITA No.590/Bang/2018 (order dated 28.9.2018). 2. At the very outset, we notice that this MP is filed beyond 6 months from the date of receipt of impugned order of the MP 16/Bang/2023 M/s. Insilica Semiconductors India Pvt. Ltd., Bangalore Page 2 of 2 Tribunal. The assessee has filed condonation petition seeking to condone the delay in filing the MP. 3. We heard the rival submissions and perused the materials on record. We find that the Tribunal does not have power to condone the delay u/s 254(2) of the Income-tax Act,1961 ['the Act' for short]. Hence, this MP filed at the instance of assessee is dismissed as time barred. 4. In the result, the MP filed by the assessee is dismissed. Order pronounced in the open court on 27 th Jan, 2023 Sd/- (Laxmi Prasad Sahu) Accountant Member Sd/- (George George K.) Judicial Member Bangalore, Dated 27 th Jan, 2023. VG/SPS Copy to: 1. The Applicant 2. The Respondent 3. The CIT 4. The CIT(A) 5. The DR, ITAT, Bangalore. 6. Guard file By order Asst. Registrar, ITAT, Bangalore