Luxottica India Eyewear P. Ltd. vs Assessing Officer, Circle 13(1)
Parties Involved
Facts Summary
The assessee, Luxottica India Eyewear P. Ltd., has 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 raised this legal issue by way of ground no. 4 of appeal for the assessment year 2020-21. The counsel for the assessee argued that the assessment orders are barred by limitation and relied on the decision in CIT vs. Roca Bathroom Products P Ltd. The Revenue, represented by Shri Dharam Veer Singh, objected to the adjudication of the appeal on the ground that the issue is sub judice before the Hon’ble Supreme Court. The Tribunal considered both sides and proceeded to adjudicate the issue.…
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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