HONDA INDIA POWER PRODUCTS LTD. Vs. ACIT

Parties Involved

Facts Summary

The present adjudication involves a batch of two appeals pertaining to the same assessee, Honda India Power Products Ltd., for the assessment years 2017-18 and 2018-19. The assessee has challenged the validity of the assessment orders on the ground of limitation, considering the provisions of section 144C(13) read with section 153 of the Income Tax Act, 1961. The challenge arises from the case of Commissioner of Income Tax vs. Roca Bathroom Products (P) Ltd., where it was held that sections 144C and 153 are mutually inclusive and not mutually exclusive. The assessee argued that the assessment orders were passed beyond the stipulated deadline as per section 153 of the Act. The Department objected to the adjudication, arguing that the issue was sub-judice before the Hon’ble Supreme Court and that the operative portion of the judgment in the case of Shelf Drilling Ron Tappmeyer Ltd. was restrained from being cited as a precedent.…

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 read with section 153 of the Act.

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

Similar Judgements

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