Commissioner of Income-tax Vs. Orissa State Financial Corporation - Court Judgment

Excerpt:

.....of appeal, it denotes that the appeal cannot be admitted to consideration unless other requirements are complied with. the provision of sub-section (1) of section 173 permits filing of an appeal against an award within 90 days with a rider in the first proviso that such appeal filed cannot be entertained unless the statutory deposit is made. the period of limitation is applicable only to the filing of the appeal and not to the deposit to be made. it, therefore, appears that an appeal filed under section 173 cannot be entertained i.e. cannot be admitted for consideration unless the statutory deposit is made and for this purpose the court has the discretion either to grant time to make the deposit or not. no formal order condoning the delay is necessary, an order of adjournment would suffice. the provisions of limitation embodied in the substantive provision of the sub-section (1) of section 173 of the act does not extend to the provision relating to the deposit of statutory amount as embodies in the first proviso. therefore an appeal filed within the period of limitation or within the extended period of limitation, cannot be admitted for hearing on merit unless the.....order--whether assessee could follow two different systems of accounting, i.e., mercantile and cash for a particular source of income--tribunal giving no definite finding but merely followed its earlier view--question does not arise out of the order ofapplication :also to current assessment years.citation :income tax act 1961 s.256(2)

Judgment:

ORDER

--Whether assessee could follow two different systems of accounting, i.e., mercantile and cash for a particular source of income--Tribunal giving no definite finding but merely followed its earlier view--Question does not arise out of the order of

Application :

Also to current assessment years.

Citation :

Income Tax Act 1961 s.256(2)