Itron India Pvt. Ltd. Vs. The ACIT

Parties Involved

Facts Summary

The case involves an appeal filed by Itron India Private Limited against the Final Assessment Order passed by the Assistant Commissioner of Income Tax (ACIT) under Sections 143(3), 144C(13), and 144B of the Income Tax Act, 1961. The assessee contends that the Final Assessment Order dated July 26, 2024, is barred by limitation as it was passed beyond the time limit prescribed under the second proviso to Section 153(1) of the Act. The assessee relies on the judgment of the Madras High Court in the case of Commissioner of Income-tax Vs. Roca Bathroom Products (P.) Ltd. and various orders passed by the Hyderabad Bench of the Tribunal. The Department, represented by the Ld. Department's Representative, argues that the issue of limitation is presently unsettled and pending adjudication before the Supreme Court, and thus, the Tribunal should defer the adjudication of the appeal.…

Legal Issues

• 1. Whether the Final Assessment Order passed by the ACIT is barred by limitation under Section 153 of the Income Tax Act, 1961.

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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