Sjc/23/1992 Of Commnr Of Income Tax v. N.a.co Ltd

17. 18.07.2019 Heard Mr. T.K. Satapathy, learned Senior Standing Counsel for the petitioner-Income Tax Department and Mr. B. Panda, learned Senior Counsel for the opposite party-Corporation. 2. By way of this petition, the petitioner has challenged the order dated 07.10.1991 passed by the learned Income Tax Appellate Tribunal, Cuttack Bench, Cuttack in R.A. Nos.61 to 64/CTK/1991 whereby the Tribunal rejected the aforesaid Reference Applications. 3. It appears from the Office note that in spite of orders dated 15.12.1998, 09.04.1999 & 01.05.2019, no step for limitation has been taken by the petitioner. In the year 2008 endorsement was made by the Office regarding inaction of the petitioner in taking steps for limitation. However, by an oversight, the earlier Bench passed the order dated 10.09.2008 in this case directing the Tribunal to refer the questions along with the statement of facts. No doubt the issue involved in this case is covered by the decision of the Supreme Court. However, since no step for limitation has been taken by the petitioner in this case filed in the year 1992 in spite of repeated direction of this Court, the petitioner has forfeited his legal right. Thus, we are not inclined to entertain this petition. 4. Therefore, the S.J.C. stands dismissed on the ground of limitation. However, the questions of law raised in this application are kept open to be decided in appropriate petition. .……..........………… ( K.S. Jhaveri ) Chief Justice ……………….……..