Amplus KN Solar (P) Ltd. Vs. ITO

Parties Involved

Facts Summary

The case pertains to the Final Assessment Order passed by the Assessing Officer (AO) under Section 143(3) read with Section 144C(13) of the Income Tax Act, 1961, dated 25/07/2022, for the Assessment Year 2018-19. The Assessee, Amplus KN Solar Private Limited, raised Ground No. 7 contending that the Final Assessment Order is time-barred by limitation and bad in law as it was passed beyond the time frame prescribed under Section 153(1) read with Section 153(4) of the Act. 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 is presently unsettled and pending adjudication before the Hon'ble Supreme Court, thus requesting deferral of adjudication.…

Legal Issues

• 1. Whether the Final Assessment Order passed by the AO is time-barred by limitation under Section 153(1) read with Section 153(4) of the Income Tax Act, 1961.

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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