Allowing the petition the Tribunal held that ; Excessive delay by the Tribunal in passing judgement shakes the confidence of the litigants . Under Rule 34(5) of the Tribunal Rules read with Shivsagar Veg. Restaurant v. ACIT ( 2009) 317 ITR 433 (Bom) & Otters Club v.DIT ( E) ( 2017) 392 ITR 244(Bom)( HC) orders have to be passed invariably within three months of the completion of hearing of the case. The delay is incurable. Even administrative clearance cannot cure the delay. Such decisions rendered after 3 months reflect a mistake apparent from the record and have to be recalled and the appeals heard afresh .(ITA No. 1994/Mum/2014 dt.1-02-2016)( MA NO. 151/MUM/2016, dt. 11.05.2018)(AY. 2007-08)
Crompton Greaves Limited v. CIT ( 2018) 64 ITR 43 (SN)(Mum)(Trib) , www.itatonline.org Editorial: Crompton Creaves Ltd v. CIT ( 2016) 46 ITR 465/ 177 TTJ 1/(2017) 82 taxmann.com ( Mum) (Trib) is recalled.(S.263. Revision –Explanation 2 is declaratory nature.) Tribunal in Crompton Creaves Ltd v. CIT vide order ITA No 1994/Mum/ 2013 dt 28-02 2019 ( AY. 2007 -08) held that revision is held to be invalid .
S. 254(2):Appellate Tribunal-Rectification of mistake apparent from the record-Excessive delay by the Tribunal in passing judgement shakes the confidence of the litigants. orders have to be passed invariably within three months of the completion of hearing of the case. The delay is incurable. Even administrative clearance cannot cure the delay. Such decisions rendered after 3 months reflect a mistake apparent from the record and have to be recalled and the appeals heard afresh .[ R.34(5)]