|DATE:||(Date of pronouncement)|
|DATE:||May 19, 2008 (Date of publication)|
Once the assessee has moved the rectification application within four years from the date of the appeal order, the Tribunal cannot reject that application on the ground that four years have lapsed, which includes the period of pendency of the application before the Tribunal. The Tribunal is bound to decide the application on merits and cannot dismiss the same on the ground of limitation.
Note: For the merits see Malayala Manorama vs. CIT (SC).