Application of Section 14 of Limitation Act in Income Tax Proceedings

CA Gaurav Jain & Shubham Gupta – [2022] 137 taxmann.com 45 (Article)

Most rights are subject to limitations that are necessary and reasonable in a democratic society for the realization of certain common goods such as social justice, public order and effective government or for the protection of the rights of others. The limitation is either engrained in the state itselfor in case no limitation is prescribed, resort can be had to the Law of Limitation, 1963. The Law of Limitation is a procedural law which is founded on public policy.

It is based on the the maxims “Interest Reipublicae Ut Sit Finis Litium” which means that litigation must come to an end and “vigilantibus non dormienti bus Jura subveniunt”, which means that the law assist those who are vigilant in their rights and not those who sleep on their own rights. However the law also recognizes that substantive rights must not be trump by procedural law.

Section 14 of the Limitation Act is one of such section, which is based on this principle to advance the cause of justice.

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