Murugappa holdings, Cochin V. ACIT, Ernakulam

MA 62/COCH/2013

• Counselvise Citation: [2013] 124 COUNSELVISE.COM (IT) 0798 (ITAT-COCHIN)
• Duration Of Justice: 2 month(s) 16 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 16-08-2013
• Appeal Filed By: Assessee
• Bench Allotted: DB
• Next Hearing Date: 16-08-2013
• Assessment Year: 1991-1992
• Appeal Filed On: 31-05-2013
• Court: TRIBUNAL
• Department Lawyers: K K JOHN
• Assessee Lawyers: P R KRISHNAKUMAR
• Keywords: Condonation of delay

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE S/SHRI N.R.S.GANESAN, JM AND B.R.BASKAR AN, AM M.P. NO. 62/COCH/2013 (ARSG. OUT OF I.T.A. NO. 1224/COCH/2004) ASSESSMENT YEAR : 1991-92 MURUGAPPA HOLDINGS LTD. (ERSTWHILE PARRY AGRO INDUSTRIES LIMITED), WILLINGDON ISLAND, KOCHI-3 [PAN: AABCP 9170E] VS. THE ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE-1(1), ERNAKULAM. (ASSESSEE -APPELLANT) (REVENUE-R ESPONDENT) ASSESSEE BY SHRI P.R. KRISHNAKUMAR, REVENUE BY SHRI K.K. JOHN, SR. DR DATE OF HEARING 16/08/2013 DATE OF PRONOUNCEMENT 16/08/2013 O R D E R PER B.R.BASKARAN, ACCOUNTANT MEMBER: THE ASSESSEE HAS FILED THIS PETITION SEEKING RECAL L OF THE ORDER DATED 10-09-2008 PASSED BY THE CO-ORDINATE BENCH IN THE HANDS OF THE ASSESSEE RELATING TO THE ASSESSMENT YEAR 1991-92 IN THE APPEAL REFERRED SUPR A. 2. WE NOTICE THAT THE ASSESSEE HAS FILED THIS PETIT ION ON 28/03/2013. THE IMPUGNED ORDER WAS PASSED BY THE TRIBUNAL ON 10/09/ 2008. THUS THE PETITION HAS BEEN FILED BY THE ASSESSEE AFTER EXPIRY OF FOUR YEA RS FROM THE DATE OF PASSING OF THE ORDER BY THE TRIBUNAL. THERE SHOULD NOT BE ANY DIS PUTE THAT THE TRIBUNAL, U/S. 254(2) OF THE ACT MAY AMEND ANY ORDER PASSED BY IT U/S. 25 4(1) OF THE ACT WITH A VIEW TO RECTIFY ANY MISTAKE APPARENT FROM RECORD AT ANY TIM E WITHIN FOUR YEARS FROM THE DATE OF THE ORDER . IN THE INSTANT CASE, THE FOUR YEARS PERIOD HAS A LREADY ELAPSED BY M.P. NO. 62/COCH/2013 2 THE TIME THE PETITION WAS FILED BY THE ASSESSEE. A CCORDINGLY, IN OUR VIEW, THE TRIBUNAL DOES NOT HAVE POWER TO ENTERTAIN THE MISCELLANEOUS PETITION FILED BY THE ASSESSEE. THE LD COUNSEL FOR THE ASSESSEE INVITED OUR ATTENTION T O THE PETITION FILED BY THE ASSESSEE SEEKING CONDONATION OF DELAY. SINCE THE TRIBUNAL D OES NOT HAVE POWER TO ADMIT THE MISCELLANEOUS PETITION FILED BY THE ASSESSEE IN TER MS OF SEC. 254(2) OF THE ACT, THE QUESTION OF CONDONATION OF DELAY DOES NOT ARISE AT ALL. ACCORDINGLY, WE DISMISS THE PETITION FILED BY THE ASSESSEE IN LIMINE. 3. IN THE RESULT, THE MISCELLANEOUS PETITION FILED BY THE ASSESSEE IS DISMISSED. PRONOUNCED ACCORDINGLY ON 16-08-20 13. SD/- SD/- (N.R.S.GANESAN) (B.R.BASKARAN) JUDICIAL MEMBER ACCOUNTANT MEMBER PLACE: KOCHI DATED: 16TH AUGUST, 2013 GJ COPY TO: 1. MURUGAPPA HOLDINGS LTD. (ERSTWHILE PARRY AGRO IND USTRIES LIMITED), WILLINGDON ISLAND, KOCHI-3. 2.THE ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE- 1(1), ERNAKULAM. 3 THE COMMISSIONER OF INCOME-TAX(APPEALS)-II, KOCHI . 4.THE COMMISSIONER OF INCOME-TAX, KOCHI. 5. D.R., I.T.A.T., COCHIN BENCH, COCHIN. 6. GUARD FILE. BY ORDER (ASSISTANT REGISTRAR) I.T.A.T, COCHIN