Eversub India Pvt. Ltd. Vs. DCIT

Parties Involved

Facts Summary

The captioned appeals are filed by Eversub India Private Limited challenging the Final Assessment Orders passed under Section 143(3) read with Section 144C(13) and Section 144B of the Income Tax Act, 1961, dated 25/02/2022 for Assessment Year 2017-18 and 31/03/2022 for Assessment Year 2018-19. The Assessee raised Additional Grounds of appeal that the Final Assessment orders are time barred by limitation and are bad in law, as they were 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 in the case of ACIT Vs. Shelf Drilling Ron Tappmeyer Ltd.…

Legal Issues

• 1. Whether the Final Assessment Orders passed by the Assessing Officer are 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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