Delay Condoned as Limitation Counted from Order Receipt Date, Not Order Date: ITAT Mumbai

SKF India Limited Vs ACIT (ITAT Mumbai)

In SKF India Limited Vs ACIT, the Income Tax Appellate Tribunal, Mumbai Bench, dealt with a Miscellaneous Application filed by the assessee seeking rectification of an earlier tribunal order dated 25.02.2025. The assessee submitted that although there was a delay of 120 days in filing the application, the delay should be condoned since the limitation period must be computed from the date of receipt of the order, not the date of the order itself. Relying on the decision of the Bombay High Court in Accost Media LLP vs DCIT, the Tribunal accepted that the order was received on 06.06.2025 and the application filed on 29.12.2025 was within the permissible time. Accordingly, the delay was condoned.

On merits, the assessee contended that the Tribunal had failed to consider a binding judicial precedent of a coordinate bench and had also misinterpreted another precedent. Specifically, it was argued that a decision of the Mumbai ITAT in DCIT v Supreme Industries Limited, which held that no adjustment to book profits is required in respect of tax on distributed dividends, was neither considered nor distinguished. Additionally, reliance placed on a Kolkata ITAT ruling in ACIT v Balarampur Chini Mills Ltd was incorrectly interpreted in the earlier order.