Ahresty India Pvt. Ltd. Vs. ACIT
Parties Involved
Facts Summary
The captioned appeal is filed by Ahresty India Private Limited challenging the Final Assessment Order passed under section 143(3) read with section 144C(13) and Section 144B of the Income Tax Act, 1961 dated 30/10/2018 pertaining to the Assessment Year 2014-15. The Assessee raised an additional ground contending that the Final Assessment order is time-barred by limitation and is bad in law as it has been passed beyond the time frame prescribed under section 153(1) read with section 153(4) of the Income Tax Act, 1961. The Assessee relied on the ratio laid down by the Hon'ble High Court of Madras in the case of Commissioner of Income-tax Vs. Roca Bathroom Products (P.) Ltd. and orders passed by the Co-ordinate Bench of the Tribunal, Hyderabad Bench. The Department's Representative submitted that the issue of limitation arising from the interplay between Section 144C and Section 153 of the Act is presently unsettled and pending adjudication before the Hon'ble Supreme Court.…
Decision in favour of
Assessee
Legal Issues
- 1. Whether the Final Assessment Order passed on 30/10/2018 is barred by limitation under section 153 read with section 144C of the Income Tax Act, 1961.
Judgment Outcome
Decided in favour of Assessee.
Precedents Relied Upon
3 precedents cited in this judgement.
Similar Judgements
Rolls-Royce India Pvt. Ltd. vs. ACIT
Delhi Bench ‘H’ New Delhi benchAY 2018-19AllowedBall Beverage packaging (India) pvt. Ltd. Vs. DCIT
DELHI BENCH ‘H’ NEW DELHI benchAY 2018-19AllowedGroupe SEB India Pvt. Ltd. Vs. ACIT (OSD)
DELHI BENCH ‘H’ NEW DELHI benchAY 2018-19AllowedPersolkelly India Pvt. Ltd. Vs. DCIT
Delhi Bench ‘H’ New Delhi benchAY 2020-21AllowedGBT India Pvt. Ltd. vs. Assessment Unit
Delhi Bench ‘H’ New Delhi benchAY 2020-21AllowedItron India Pvt. Ltd. Vs. DCIT
Delhi Bench ‘H’ New Delhi benchAY 2017-18Allowed