JSW STEEL LTD (SUCCESSOR OF JSW ISPAT SPECIAL PRODUCTS LIMITED),MUMBAI V. DCIT, CIRCLE 17, DELHI

MA 286/DEL/2025

AI Insights

The case involves JSW Steel Ltd., which is the successor of JSW Ispat Special Products Ltd., and the Deputy Commissioner of Income Tax, Circle 13(1), Delhi. The dispute arose from a delay in filing a miscellaneous application under Section 254(1) read with Rule 24 and Rule 34A of the Income Tax Appellate Tribunal Rules, 1963, concerning an order dated 02.07.2024 for the assessment year 2014-15. The delay was attributed to changes in management and corporate structure post-acquisition under the Insolvency and Bankruptcy Code (IBC), which the appellant claimed led to oversight in filing the application timely. However, the Revenue contested that there was no sufficient cause for the delay. The Tribunal, upon examination of the submissions and relevant legal provisions, concluded that the application was filed beyond the permissible time limit and thus dismissed it.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 792459 (ITAT-DELHI)
• Duration Of Justice: 4 month(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 05-12-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2014-2015
• Appeal Filed On: 04-08-2025
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: HARPREET KAUR HANSARA
• Assessee Lawyers: V K JAIN
• Keywords: Condonation of delay; Opportunity of being heard; Rectification of order

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: ‘C’ NEW DELHI BEFORE SHRI M BALAGANESH, ACCOUNTANT MEMBER AND SHRI VIMAL KUMAR, JUDICIAL MEMBER M.A.No.286/Del/2025 (Arising out of ITA No. 1052/Del/2023) Assessment Year: 2014-15 JSW Steel Ltd. (Successor of JSW Ispat Special Products Ltd. (formerly known as Monnet Ispat & Energy Ltd.), JSW Centre, Bandra Kurla Complex, Bandra East, Mumbai PAN AAACM0501D Vs. Deputy Commissioner of Income Tax, Circle 13(1), Delhi (Applicant) (Respondent) ORDER PER VIMAL KUMAR, JUDICIAL MEMBER: The miscellaneous application under Section 254(1) read with Rule 24 and Rule 34A of the Income Tax Appellate Tribunal Rules, 1963 is for rectification of Order dated 02.07.2024 for assessment year 2014-15. 2. Learned authorized representative appearing for the appellant/applicant company, submitted that there is delay in Assessee by Shri VK Jain, CA Department by Ms. Harpreet Kaur Hansara, Sr. DR Date of hearing 28.11.2025 Date of pronouncement 05.12.2025 Printed from counselvise.com 2 MA No.286/Del./2025 filing miscellaneous application due to change in management post acquisition under IBC, name change of company and subsequent merger etc. the matter escaped the attention of seniors and hence further action could not be taken. 3. Learned Authorized Representative Revenue submitted that there is no sufficient cause for delay. 4. From examination of record in light of above said rival submissions, it is crystal clear that regarding the Tribunal’s order dated 02.07.2024, the miscellaneous application under Section 254(1) of the Act was filed on 30.07.2025. The relevant provision of Section 254(2) of the Act reads as under:- “254(2) The Appellate Tribunal may, at any time within six months from the end of the month in which the order was passed, with a view to rectifying any mistake apparent from the record, amend any order passed by it under sub-section (1), and shall make such amendment if the mistake is brought to its notice by the assessee or the Assessing Officer: Provided that an amendment which has the effect of enhancing an assessment or reducing a refund or otherwise increasing the liability of the assessee, shall not be made under this sub-section unless the Appellate Tribunal has given notice to the assessee of 3 its intention to do so and has allowed the assessee a reasonable opportunity of being heard: Provided further that any application filed by the assessee in this sub-section on or after the 1st day of October, 1998, shall be accompanied by a fee of fifty rupees.” Printed from counselvise.com 3 MA No.286/Del./2025 5. In view of above material facts and legal position, we note that there is no provision under Section 254(2) that delay can be condoned in filing the miscellaneous application. The provision of Section 254(2) of the Act prescribes a time limit of six months from the end of the month in which the order is passed. Therefore, the miscellaneous application is barred by limitation. 6. In the result, miscellaneous application for condonation of delay in filing miscellaneous application is dismissed. Order pronounced in the open court on 0th December, 2025. Sd/- Sd/- (M BALAGANESH) ACCOUNTANT MEMBER (VIMAL KUMAR) JUDICIAL MEMBER Dated: 05th December, 2025. Mohan Lal Copy forwarded to: 1. Applicant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi Printed from counselvise.com "