JSW MG Motor India P. Ltd. vs Assistant Commissioner of Income Tax
Parties Involved
Facts Summary
The assessee, JSW MG Motor India P. Ltd., challenged the validity of the assessment order on the ground of limitation as per the provisions of section 144C(13) read with section 153 of the Income Tax Act, 1961. The assessee argued that the final assessment order was passed beyond the period of limitation. The Department objected to the adjudication of the appeal, stating that the issue was sub judice before the Hon’ble Supreme Court and that the Bombay High Court had deferred similar issues pending the Supreme Court’s decision. The assessee relied on the Madras High Court’s decision in CIT vs. Roca Bathroom Products P Ltd., which had not been stayed by the Supreme Court.…
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 read with section 153 of the Act.
Judgment Outcome
Decided in favour of Assessee.
Precedents Relied Upon
7 precedents cited in this judgement.
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