Rectification Application rejected on the ground of limitation provided in section 154(8)—CIT not passing rectification order within the specified time limit
Sub-section (8) of section 154 that enjoins a duty upon the income-tax authority to make an order on an application for rectification within six months from the end of the month in which the application is received by it, is directory, and not mandatory, Therefore, application cannot be rejected on the ground of limitation. –V ide State Bank of India v. CIT(TDS) (2011) 42 (I) ITCL 191 (Pat-HC)
SERVICE TAX
Cenvat credit―Credit availed of after one year ― Allowability of
Original authority denied Cenvat credit on the input services on the grounds that they were not availed immediately as required by the rule 4(1) of the Cenvat credit Rules, 2004. The Tribunal observed that the said Rules does not stipulate any time period for availment of Cenvat credit :―In re: TATA Steel Limited (Commr. Appl.) Order in Appeal No. VSK/1-2/M-v/2010, dated 15-1-2010
Sub-section (8) of section 154 that enjoins a duty upon the income-tax authority to make an order on an application for rectification within six months from the end of the month in which the application is received by it, is directory, and not mandatory, Therefore, application cannot be rejected on the ground of limitation. –V ide State Bank of India v. CIT(TDS) (2011) 42 (I) ITCL 191 (Pat-HC)
SERVICE TAX
Cenvat credit―Credit availed of after one year ― Allowability of
Original authority denied Cenvat credit on the input services on the grounds that they were not availed immediately as required by the rule 4(1) of the Cenvat credit Rules, 2004. The Tribunal observed that the said Rules does not stipulate any time period for availment of Cenvat credit :―In re: TATA Steel Limited (Commr. Appl.) Order in Appeal No. VSK/1-2/M-v/2010, dated 15-1-2010
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