ACIT, CHENNAI V. M/s. MCTM Global Investments Pvt Ltd., CHENNAI

MA 240/CHNY/2017

• Counselvise Citation: [2017] 123 COUNSELVISE.COM (IT) 5536 (ITAT-CHENNAI)
• Duration Of Justice: 4 month(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 27-10-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2007-2008
• Appeal Filed On: 27-06-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: S SRINIRANJANI

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, CHENNAI ... , . !' , # $ BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER %% / M.P. NO.240/MDS/2017 (IN I.T.A. NO.1285/MDS/2011) & '& / ASSESSMENT YEAR : 2007-08 THE DEPUTY COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE 4(1), CHENNAI - 600 034. V. M/S M.CT.M. GLOBAL INVESTMENTS PVT. LTD., 761, ANNA SALAI, CHENNAI - 600 002. PAN : AABCM 9738 K ()*& /PETITIONER) ()+*,/ RESPONDENT) )*& . / /PETITIONER BY : SHRI AR.V. SREENIVASAN, JCIT )+*, . / / RESPONDENT BY : MS. S. SRINIRANJANI, ADVOCATE 0 . 1# / DATE OF HEARING : 27.10.2017 2!' . 1# / DATE OF PRONOUNCEMENT : 27.10.2017 / O R D E R PER N.R.S. GANESAN, JUDICIAL MEMBER: THE REVENUE HAS FILED THE PRESENT MISCELLANEOUS P ETITION ON THE GROUND THAT THERE IS AN ERROR IN THE ORDER OF T HIS TRIBUNAL DATED 21.10.2016. 2. THE ORDER OF THIS TRIBUNAL WAS PASSED ON 21.10.2 016. THE REVENUE HAS FILED THE MISCELLANEOUS PETITION ONLY O N 27.06.2017. 2 M.P. NO.240/MDS/2017 THEREFORE, IT IS BEYOND THE PERIOD OF SIX MONTHS PR OVIDED UNDER SECTION 254(2) OF THE INCOME-TAX ACT, 1961 (IN SHOR T 'THE ACT'). THERE IS NO PROVISION IN THE INCOME-TAX ACT TO COND ONE THE DELAY IN FILING THE MISCELLANEOUS PETITION FOR RECTIFICATION . HENCE, THE PETITION FILED BY THE REVENUE IS BARRED BY LIMITATION. ACCO RDINGLY, THE SAME IS DISMISSED. 3. IN THE RESULT, THE MISCELLANEOUS PETITION FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 27 TH OCTOBER, 2017 AT CHENNAI. SD/- SD/- (. !' ) ( ... ) (A. MOHAN ALANKAMONY) (N.R.S. GANESAN) # / ACCOUNTANT MEMBER /JUDICIAL MEMBER /CHENNAI, 4 /DATED, THE 27 TH OCTOBER, 2017. KRI. . )15% 6%'1 /COPY TO: 1. )*& / PETITIONER 2. )+*, /RESPONDENT 3. 0 71 () /CIT(A) 4. 0 71 /CIT 5. %8 )1 /DR 6. 9& : /GF.