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| The Tax Publishers2021 TaxPub(DT) 0023 (Del-Trib) INCOME TAX ACT, 1961
Section 254(2)
Misc. Application was filed within four years from the date of order as per the pre-amended sub-section (2) of section 254. The amendment came into effect from 1-6-2016. Therefore, orders passed prior to 1-6-2016 by the Tribunal would be governed by pre-amended sub-section (2) of section 254 i.e., four years period for making an application for rectification of mistake which was apparent from the record. Accordingly, there was no delay in filing Misc. Application and application preferred by assessee should not have been dismissed by Tribunal.
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Rectification - Under section 254(2) - Applicable time-limit - Four years or six months
Assessee filed miscellaneous application (M.A.) under section 254() on 24-4-2019 in respect of Order, dated 10-9-2015 passed by Tribunal in ITA No. 92/PNJ/2015 for assessment year 2010-11. Revenue's case was that miscellaneous application filed beyond the period of limitation of six months was liable to be dismissed. Held: Misc. Application was filed within four years from the date of order as per the pre-amended sub-section (2) of section 254. The amendment came into effect from 1-6-2016. Therefore, orders passed prior to 1-6-2016 by the Tribunal would be governed by pre-amended sub-section (2) of section 254 i.e., four years period for making an application for rectification of mistake which was apparent from the record. Accordingly, there was no delay in filing Misc. Application and application preferred by assessee should not have been dismissed by Tribunal.
Supported by:District Central Co-op. Bank Ltd. v. UOI (2017) 398 ITR 161 (MP-HC) : 2017 TaxPub(DT) 4452 (MP-HC).
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2009-10
INCOME TAX ACT, 1961
Section 254(2)
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