Dy.CIT v JSW Ltd ( 2020) 116 taxmann.com 565 79 ITR 585 / 183 ITD 148/ 189 DTR 15/ 205 TTJ 1 ( Mum) (Trib) www.itatonline.org
S. 254(1) : Appellate Tribunal – Duties Order –Limitation – Pronouncement – The period of 90 days should be computed by excluding at least the period during which the lockdown due to Covid-19 was in force. [ITATR. 34(5) ]
On the facts of the case the matter was heard on 7-01 2020 and order was pronounced on 14 -05 -2020. Tribunal held that Rule 34(5) of the ITAT Rules provides that “ordinarily” the order on an appeal should be pronounced within no more than 90 days from the date of concluding the hearing. A pedantic view of the rule cannot be taken. The period of 90 days should be computed by excluding at least the period during which the lockdown due to Covid-19 was in force. We must factor ground realities in mind while interpreting the time limit for the pronouncement of the order. Law is not brooding omnipotence in the sky. It is a pragmatic tool of the social order. The tenets of law being enacted on the basis of pragmatism, and that is how the law is required to interpreted. (ITA no 6264/M/18 dt 14 -05 -2020 ) (AY. 2013-14)