ACIT, Erode V. Point Extiles (P) Ltd., Erode

MA 401/CHNY/2017

• Counselvise Citation: [2018] 122 COUNSELVISE.COM (IT) 3904 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 1 month(s) 3 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 28-09-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2011-2012
• Appeal Filed On: 24-08-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B SAGADEVAN
• Assessee Lawyers: N VIJAYAKUMARAN

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, CHENNAI ... , . !' , # $ BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER %% / M.P. NO.401/CHNY/2017 (IN I.T.A. NO.749/CHNY/2016) & '& / ASSESSMENT YEAR : 2011-12 THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 2, ERODE. V. M/S POINT TEXTILES (P) LTD., R-37, R-38, G-7, G-8 & F-22, SIPCOT INDUSTRIAL GROWTH CENTRE, PERUNDURAI. PAN : AAECP 6116 F ()*& /PETITIONER) ()+*,/ RESPONDENT) )*& . / /PETITIONER BY : SHRI B. SAGADEVAN, JCIT )+*, . / / RESPONDENT BY : SHRI N. VIJAYAKUMARAN, CA 0 . 1# / DATE OF HEARING : 28.09.2018 2!' . 1# / DATE OF PRONOUNCEMENT : 28.09.2018 / 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 28.10.2016. 2. WE HEARD SHRI B. SAGADEVAN, THE LD. DEPARTMENTAL REPRESENTATIVE AND SHRI N. VIJAYAKUMARAN, THE LD. R EPRESENTATIVE 2 M.P. NO.401/CHNY/17 FOR THE ASSESSEE. THE ORDER OF THIS TRIBUNAL IS DA TED 28.10.2016. THE REVENUE FILED THE MISCELLANEOUS PETITION ONLY O N 24.08.2017. THE PETITION WAS FILED BEYOND THE PERIOD OF SIX MON THS. THE INCOME-TAX ACT, 1961 UNDER SECTION 254(2) FIXED THE LIMITATION OF SIX MONTHS FROM THE DATE OF ORDER. SINCE THE PETITION WAS FILED BEYOND THE PERIOD OF SIX MONTHS, THIS TRIBUNAL IS OF THE C ONSIDERED OPINION THAT THE PETITION FILED BY THE REVENUE IS NOT MAINT AINABLE. THERE IS NO PROVISION IN THE INCOME-TAX ACT, 1961 ENABLING T HIS TRIBUNAL TO CONDONE THE DELAY IN FILING THE PETITION UNDER SECT ION 254(2) OF THE ACT. THEREFORE, THIS TRIBUNAL DO NOT FIND ANY REAS ON TO ENTERTAIN THE MISCELLANEOUS PETITION FILED BY THE REVENUE. 3. WITH THE ABOVE OBSERVATION, THE MISCELLANEOUS PE TITION FILED BY THE REVENUE STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AFTER CONCLUSI ON OF HEARING ON 28 TH SEPTEMBER, 2018 AT CHENNAI. SD/- SD/- (. !' ) ( ... ) (A. MOHAN ALANKAMONY) (N.R.S. GANESAN) # / ACCOUNTANT MEMBER /JUDICIAL MEMBER /CHENNAI, 4 /DATED, THE 28 TH SEPTEMBER, 2018. KRI. 3 M.P. NO.401/CHNY/17 . )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.