ITA Nos. 1825/Del/2023(A.Y 2018-19), 5708/Del/2024(A.Y 2021-22), 5381/Del/2024(A.Y 2021-22), 3841/Del/2024 (A.Y 2020-21)
Parties Involved
Facts Summary
These four appeals by three different assessees are taken up together as they involve identical issues. The assessees have assailed the validity of the assessment orders on the ground of limitation as per the provisions of section 144C(13) r.w.s 153 of the Income Tax Act, 1961. The assessees raised the legal issue challenging the validity of the final assessment order on the ground of limitation. The counsels for the assessees placed reliance on the decision in CIT vs. Roca Bathroom Products P Ltd. and furnished a date chart to show that the final assessment orders were passed beyond the period of limitation. The Department objected to the adjudication of these appeals, citing that the issue is sub judice before the Hon’ble Apex Court and that the Supreme Court has stayed the operative part of the judgment in the case of Shelf Drilling Ron Tappmeyer Ltd.…
Decision in favour of
Assessee
Legal Issues
- 1. Whether the limitation for passing the final assessment order under section 144C(13) of the Act is to be determined with reference to section 144C r.w.s 153 of the Act.
Judgment Outcome
Decided in favour of Assessee.
Precedents Relied Upon
8 precedents cited in this judgement.
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