The assessee relied on Instruction No. 20/2003, dated 23-12-2003 by which the CBDT desired that the Commissioner (Appeals) should issue orders within 15 days of the last hearing and contended that Commissioner (Appeals) had antedated impugned order and its actual passing after 3 to 4 months from conclusion of hearing had rendered it null and void. Tribunal held that Commissioner (Appeals) had reported in monthly D.O. letter sent to Chief Commissioner that the order was passed in month of conclusion of final hearing itself, though dispatched after 3 months . (AY. 2009 -10)
Anil Kisanlal Marda. v. ITO (2019) 177 ITD 749 /182 DTR 153 / 201 TTJ 100(Pune) (Trib.)
S. 251 : Appeal – Commissioner (Appeals) – Powers – Order passed with in month of conclusion of hearing , though dispatched after 3 months cannot be said to be null and void .