Assistant Commissioner of Income-Tax, Circle-4(1)(1), Bangalore V. M/s. Lotus Labs Private Limited, Bangalore

MA 51/BANG/2018

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 2765 (ITAT-BANGALORE)
• Duration Of Justice: 8 month(s) 7 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 05-11-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 26-02-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SREENANDINI DAS
• Assessee Lawyers: CHAVALLI NARAYANAN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : BANGALORE BEFORE SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI JASON P BOAZ , ACCOUNTANT MEMBER MP NO.51/BANG/2018 (IN IT(TP)A NO. 2295/BANG/2016) ASSESSMENT YEAR : 20 1 2 - 1 3 ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 4(1)(1), 2 ND FLOOR, BMTC DEPOT BUILDING, 6 TH BLOCK, KORAMANGALA, BENGALURU 560 095 . VS. M/S. LOTUS LABS PVT. LTD., #07, JASMA BHAVAN ROAD, MILLERS TANK ROAD, OPP: GURUNANAK BHAVAN, BENGALURU 560 095. APPELLANT RESPONDENT REVENUE BY : MS. SREENANDINI DAS, JCIT ASSESSEE BY : SHRI. CHAVALLI NARAYANAN, CA DATE OF HEARING : 12 . 10 .201 8 DATE OF PRONOUNCEMENT : 05 . 1 1 .201 8 O R D E R PER JASON P BOAZ, ACCOUNTANT MEMBER THIS MISCELLANEOUS PETITION (M.P.) FIELD BY REVENUE IS WITH RESPECT TO THE ORDER OF THIS TRIBUNAL IN IT(TP)A NO.2295/BANG/2016 DATED 12.07.2018 FOR ASSESSMENT YEAR 2012-13 IN THE CASE ON HAND. 2. AT THE OUTSET, WE OBSERVE THAT THIS M.P. HAS BEEN FILED ON 28.02.2018, WHICH IS BEYOND THE PERIOD OF 6 MONTHS AS SPECIFIED IN SECTION 254(2) OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT). AS PER SECTION 254(2) OF THE ACT, AS AMENDED BY FINANCE ACT, 2016 W.E.F. 01.04.2016, IT IS INCUMBENT ON THE PETITIONER TO FILE THE M.P. M.P. NO. 51/BANG/2018 (IN IT(TP)A NO. 2295/BANG/2016 PAGE 2 OF 2 WITHIN A PERIOD OF SIX MONTHS FROM THE END OF THE MONTH IN WHICH THE ORDER SOUGHT TO BE RECTIFIED HAS BEEN PASSED. IN THE CASE ON HAND, THE TRIBUNALS ORDER IN RESPECT OF WHICH REVENUE HAS FILED THE M.P, WAS PASSED ON 17.07.2017 AND THEREFORE IT WAS INCUMBENT ON REVENUE TO HAVE FILED THIS M.P. ON OR BEFORE 31.01.2018; BUT THIS M.P. HAS BEEN FILED ON 28.02.2018 WHICH IS BEYOND THE PERIOD SPECIFIED U/S. 254(2) OF THE ACT. IN THESE FACTUAL/LEGAL CIRCUMSTANCES AS LAID OUT ABOVE, WE ARE OF THE VIEW THAT THIS M.P. FILED BY REVENUE IN THE CASE ON HAND IN RESPECT OF TRIBUNALS ORDER IN IT(TP)A NO.2295/BANG/2016 DATED 17.07.2018 FOR ASSESSMENT YEAR 2012-13 IS NOT MAINTAINABLE AS IT IS BARRED BY LIMITATION AND THEREFORE DISMISS THE SAME IN LIMINE. 3. IN THE RESULT, REVENUES M.P. FOR ASSESSMENT YEAR 2012-13 IS DISMISSED. PRONOUNCED IN THE OPEN COURT ON THIS 05 TH DAY OF NOVEMBER, 2018. SD/- SD/- BANGALORE. DATED: 05 TH OCTOBER, 2018. /NS/* COPY TO: 1. APPELLANTS 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR, ITAT, BANGALORE. ( SUNIL KUMAR YADAV ) ( JASON P BOAZ ) JUDICIAL MEMBER ACCOUNTANT MEMBER