Case Law Details
Daryapur Shetkari Sahakari Ginning & Pressing Factory Ltd. Vs ACIT (ITAT Nagpur)
Power to condone the delay with the Tribunal can only be exercised if it is specifically provided in the Statute itself. As we have already examined so far as Income-tax Act is concerned and in respect of Tribunal it is with regard to appeals and cross‑objections only, such power is given if the Tribunal is satisfied about the sufficiency of reasons about such delay as enshrined in clause (5) of section 253 of the Act. But so far as section 254(2) of the Act is concerned, there is no express power conferred on the Tribunal by the Legislature in the Statute where the Tribunal can condone the delay beyond the relevant period prescribed in the Statute therein.
Inordinate delay in filing of MAs is not a fit case for condonation, more so, because there is no specific provision in the realm of section 254(2) of the Act to provide for such condonation of delay in case of MAs.
FULL TEXT OF THE ITAT JUDGEMENT
There are three Miscellaneous Applications and corresponding three condonation of delay petitions filed before us by the assessee.
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