NISHANT
Excessive delay by the Tribunal in passing judgement shakes the confidence of the litigants.
NISHANT MEHROTRA 15 May 2018

Excessive delay by the Tribunal in passing judgement shakes the confidence of the litigants.

 ITAT Mumbai :: in Greaves Limited vs. CIT :: Income Tax Act, S. 254(2) r.w Rule 34(5): Excessive delay by the Tribunal in passing judgement shakes the confidence of the litigants. Under Rule 34(5) of the Tribunal Rules read with Shivsagar Veg. Restaurant 317 ITR 433 (Bom) & Otters Club (Bom), orders have to be passed invariably within three months of the completion of hearing of the case. The delay is incurable. Even administrative clearance cannot cure the delay. Such decisions rendered after 3 months reflect a mistake apparant from the record and have to be recalled and the appeals heard afresh .

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