TMI Blog2018 (5) TMI 1734X X X X Extracts X X X X X X X X Extracts X X X X ..... he Commissioner - in this case the delay is extremely small and there is a clear provision for condoning the delay - thus the right of revision could be avoided by allowing the petitioner to file additional statement explaining such delay - hence revision Petition is revived and placed back for fresh adjudication. - R/SPECIAL CIVIL APPLICATION NO. 7188 of 2018 - - - Dated:- 10-5-2018 - MR. AKIL ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e cold storage plant was decided by the Assessing Officer against the petitioner. He held that the return tune value of the cold storage plant must be reduced by the subsidy granted by the Government. 4. The petitioner filed a Revision Petition before the Principal Commissioner concerning assessment orders for all these three assessment years. Period of limitation prescribed under subsection (3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pass such order thereon after carrying out necessary inquiries, as he thinks fit. Subsection (3) of section 264 provides for the period of limitation of one year for filing application for revision before the Commissioner from the date on which the order was communicated to him or from the date otherwise he came to know of it, whichever is earlier. Proviso to subsection (3) further provides that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n, list he could have done was to put the petitioner to notice calling upon her to explain delay or face dismissal of the Revision Petition. Period of limitation for perusing remedies is provided under the statute to regulate the proceedings and to ensure finality beyond a reasonable period. Wherever the legislation desires that the period of limitation should be nonextendable, the intention is ma ..... X X X X Extracts X X X X X X X X Extracts X X X X
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