M/s. Energy Development Company Limited vs. DCIT, Central Circle 2

Parties Involved

Facts Summary

The assessee, M/s. Energy Development Company Limited, filed appeals against the order passed by the Commissioner of Income-tax (Appeals) for the Assessment Years 2011-12, 2013-14 to 2020-21. The assessee argued that the assessment orders were without jurisdiction for various reasons, including that the assessment year 2011-12 fell outside the permissible block of assessment under section 153A of the Act, the conditions under the fourth proviso to section 153A were not satisfied for AYs 2013-14 and 2014-15, and the assessment orders for AYs 2013-14 to 2019-20 were for completed assessment years without any incriminating material found during the search. The assessee also contended that the assessment order passed on 30.05.2022 was barred by limitation as it was issued after the expiry of the time limit prescribed under section 153B of the Act.…

Legal Issues

• 1. Assessment year 2011-12 falls outside the permissible block of assessment under section 153A of the Act.
• 2. Assessment orders for AYs 2013-14 and 2014-15 are without jurisdiction as the conditions under the fourth proviso to section 153A are not satisfied.
• 3. Assessment orders for AYs 2013-14 to 2019-20 are without jurisdiction as the said assessment years were completed assessments and no addition could have been made in the absence of incriminating material found during the course of search.
• 4. Assessment order passed on 30.05.2022 is barred by limitation as it was passed after the expiry of the time limit prescribed under section 153B of the Act.

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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