SOMERSET PLACE CO.OP HSG SOCIETY LTD, V. ITO WD 16(2)1,

MA 158/MUM/2013

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 1691 (ITAT-MUMBAI)
• Duration Of Justice: 9 month(s) 4 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-02-2014
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2003-2004
• Appeal Filed On: 03-05-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: M L PERUMAL
• Assessee Lawyers: DHRUV GAJLANI

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL E B ENCH, MUMBAI . . , , !'# , $ % BEFORE SHRI I.P. BANSAL, JUDICIAL MEMBER AND SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER M.A. NO. 158/ MUM/2013 (ARISING OUT OF I.T.A. NO. 5306/MUM/2007) ASSESSMENT YEAR. 2003-04) SOMERSET PLACE CO-OP.HSG. SOCIETY LTD., ORICON HOUSE, 4 TH FLOOR, 1, K. DUBASH MARG, MUMBAI - 23. / VS. THE INCOME TAX OFFICER, WARD 16(2)(1), MUMBAI. & $ ./ '( ./ PAN/GIR NO. : AAAAS-7565B APPLICANT .. RESPONDENT APPLICANT BY SHRI DHRUV GAJLANI RESPONDENT BY SHRI M.L.PERUMAL ) *+$ / DATE OF HEARING : 07/02/2014 ,-. ) *+$ / DATE OF PRONOUNCEMENT : 07/02/2014 / / O R D E R PER N.K. BILLAIYA, AM: THIS MISCELLANEOUS APPLICATION IS FILED BY THE ASSE SSEE ON 3.5.2013 AGAINST THE IMPUGNED ORDER OF THE TRIBUNAL DATED 31 ST OCTOBER, 2008. APPARENTLY THE MISCELLANEOUS APPLICATION IS A BELATED ONE AS ACCOR DING TO THE PROVISIONS OF SECTION 254(2) SUCH APPLICATION COULD BE FILED WITH IN FOUR YEARS FROM THE DATE OF ORDER. THE TRIBUNAL DOES NOT HAVE POWER TO ENTER TAIN BELATED MISCELLANEOUS APPLICATION AS PER DECISION OF SPECIAL BENCH ( FIVE MEMBERS DECISION) IN THE CASE OF ARVIND BHAI H. SHAH VS. ACIT, 91 ITD 101, WHERE IN IT HAS BEEN HELD THAT TIME LIMIT OF FOUR YEARS TO MAKE RECTIFICATION APPLICAT ION UNDER SECTION 254(2) APPLIES BOTH TO SUO-MOTU ACTION OF THE TRIBUNAL AS WELL A S TO ACTION TAKEN ON THE M.A. NO.158/MUM/2013 2 REQUEST OF THE PARTIES AND NO ORDER CAN BE AMENDED THROUGH RECTIFICATION AFTER FOUR YEARS FROM THE DATE OF THE ORDER. ACCORDINGLY , THE APPLICATION FILED BY THE ASSESSEE IS DISMISSED BEING TIME BARRED. 2. IN THE RESULT, THE MISCELLANEOUS APPLICATION IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 07/02/2014 / ) -. $ 0 12 07/02/2014 - ) 3 SD/- SD/- (I.P.BANSAL) ( N.K. BILLAIYA ) $ /JUDICIAL MEMBER /ACCOUNTANT MEMBER MUMBAI; 1 DATED 07/02/2014 RJ, SR. PS / / / / ) )) ) 4* 4* 4* 4* 5 .* 5 .* 5 .* 5 .* / COPY OF THE ORDER FORWARDED TO : 1. &6 / THE APPELLANT 2. 47&6 / THE RESPONDENT. 3. 8 ( ) / THE CIT(A)- 4. 8 / CIT 5. 93 4* , , / DR, ITAT, MUMBAI 6. 3: ; / GUARD FILE. / / / / / BY ORDER, 7 * 4* //TRUE COPY// < << < / = = = = ' ' ' ' (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI