The High Court upheld the order of the Tribunal which had rejected a Miscellaneous Application filed with an inordinate delay of 1279 days. The Court affirmed that the Tribunal has no power under section 254(2) of the Income-tax Act, 1961 to condone any delay beyond the statutory period of six months prescribed for filing a rectification application. As neither section 254 nor any other provision of the Act confers such a power of condonation on the Tribunal, its dismissal of the time-barred application was held to be legally correct.
Ram Baburao Salve v. Assessing Officer [2024] 162 taxmann.com 354 (Bom.)(HC)
S. 254(2): Appellate Tribunal-Rectification of mistake apparent from the record-Condonation of delay of 1279 days-Tribunal has no power to condone delay beyond statutory period-Order of Tribunal affirmed. [S. 254(1), Art. 226]
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