The Deputy Commissioner Of Income Tax, CPC, Bangalore V. Sivan Securities Private Limited, Bangalore

MA 79/BANG/2023

AI Insights

The case involves a miscellaneous petition (M.P. No. 79/Bang/2023) filed by the Deputy Commissioner of Income Tax, CPC, Bangalore against M/s. Sivan Securities Pvt. Ltd. The petition sought rectification of an earlier Tribunal order (ITA No. 708/Bang/2021) dated 07.02.2022. However, the petition was filed on 15.12.2022, which was beyond the six-month period allowed for filing such petitions under section 254(2) of the Income-tax Act, 1961. Consequently, the Tribunal dismissed the petition in limine, stating that it lacked the authority to entertain the application due to the expiration of the statutory time limit.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 124403 (ITAT-BANGALORE)
• Duration Of Justice: 5 month(s) 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 25-05-2023
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 25-05-2023
• Assessment Year: 2018-2019
• Appeal Filed On: 14-12-2022
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL ‘B’ BENCH : BANGALORE BEFORE SHRI. CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER M.P. No. 79/Bang/2023 (in ITA No. 708/Bang/2021) Assessment Year : 2018-19 The Deputy Commissioner of Income Tax, CPC, Bangalore. Vs. M/s. Sivan Securities Pvt. Ltd., No. 23/2, Coffeeday Square, Vittal Mallya Road, Bangalore – 560 001. PAN: AACCS5138G APPELLANT RESPONDENT Assessee by : Shri C. Ramesh, CA Revenue by : Shri Pavan Kumar, Addl. CIT (DR) Date of Hearing : 26-05-2023 Date of Pronouncement : 26-05-2023 ORDER PER BEENA PILLAI, JUDICIAL MEMBER This miscellaneous petition filed by the revenue u/s 254(2) of the Income-tax Act,1961 ['the Act' for short] seeking rectification of order of the Tribunal in ITA No. 708/Bang/2021 dated 07.02.2022. 2. We note that this M.P. is filed against order dated 07.02.2022 on 15.12.2022. As the present M.P. is filed beyond six months Page 2 M.P. No. 79/Bang/2023 (in ITA No. 708/Bang/2021) period, and that the Tribunal did not have the power as per section 254(2), the same is dismissed in limine. In the result, the present M.P filed by revenue stands dismissed. Order pronounced in the open court on 26 th May, 2023. Sd/- Sd/- (CHANDRA POOJARI) (BEENA PILLAI) Accountant Member Judicial Member Bangalore, Dated, the 26 th May, 2023. /MS / Copy to: 1. Appellant 4. CIT(A) 2. Respondent 5. DR, ITAT, Bangalore 3. CIT 6. Guard file By order Assistant Registrar, ITAT, Bangalore