Amar Shakti Cooperative Labour and Construction Society Ltd. vs Commissioner of Income Tax, Bathinda

Rajesh Bindal, J.—By filing an application u/s 5 of the Limitation Act, the appellant (hereinafter described as ''the assessee'') has prayed for condonation of delay of 123 days in filing the present appeal by taking the plea that after passing the order by the income tax Appellate Tribunal. Amritsar Bench, Amritsar (for short ''the Tribunal'') on 17-2-2005, the assessee preferred an application for rectification of the same u/s 254(2) of the income tax Act, 1961 (for short, ''the Act''), which was dismissed on 13-5-2005 and if the period for limitation counted from the date of receipt of the order passed in the rectification application, the same is within limitation. An order passed in appeal is dependent on the order passed in the certification application against which the assessee has independent right of appeal. Merely because the rectification application was filed and remained ? before the Tribunal, the same cannot be termed to be a good ground for nation of delay.

Accordingly, finding no merit, the application for condonation of is dismissed.

We have even examined the case on merits. Similar issue raised by other similarly placed Cooperative Labour and Construction Society came up for consideration before this Court in I.T. Appeal No. 20 of 200 The Bandi Co-operative Labour and Construction Society Vs. Commissioner of Income Tax, , where the appeal filed by the assessee was rejected by this Court on 16-5-2006. Accordingly, for the reasons slated therein, even on merits, we do not find that any substantial question of law arises in the present appeal. The appeal is dismissed.